Digest of leading Judgments of Supreme court

1)Highlights of Judgment of Lalita Kumari v. Govt. of U.P

Lalita Kumari v. Govt. of U.P., (2014) 2 SCC 1

 Criminal Procedure Code, 1973 

 Ss. 154, 155, 156 and 157 - FIR in cognizable case - Registration of - Whether is mandatory or police officer has option,

discretion or latitude of conducting preliminary inquiry before registering FIR - Mandatory registration of FIR on receipt of

information disclosing a cognizable offence as the general rule - Situations/cases in which preliminary inquiry is

permissible - Scope of, and safeguards to be followed in cases where such preliminary inquiry (time-bound) is

permissible - Held, the registration of FIR is mandatory under S. 154, if the information discloses commission of a

cognizable offence and no preliminary inquiry is permissible in such a situation - This is the general rule and must be

strictly complied with - However, where information received does not disclose a cognizable offence a preliminary inquiry

may be conducted to ascertain whether cognizable offence is disclosed or not - Also, matrimonial disputes/family

disputes, commercial offences, medical negligence cases, corruption cases, or cases where there is abnormal

delay/laches in initiating criminal prosecution are illustrations and not exhaustive of all cases which may warrant

preliminary inquiry -

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Trial Judge Should Not Show Disrespect to caselaw of other High Court

It manifestly appears from the text and tenor of the observations made by the learned Trial Judge in para nos. 31 and 35 of the impugned judgment that same do not conform with the judicial discipline and propriety, and apparently amount to disrespect, and therefore, the Registrar General is directed to take suitable action against the concerned Judge, if he is in Judicial Service. In the result, present appeal, which is sans merits, stands dismissed and office to take necessary steps to initiate suitable 

action against the learned Trial Judge.

Bombay High Court

The Maharashtra Government vs  Rajaram Digamber Padamwar on 8 April, 2011

Bench: Shrihari P. Davare

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