Gujarat Doctor suicide case: HC disposes of plea seeking action against cop for not filing FIR

Hitarth Chug, who had moved court after the police refused to lodge an FIR for abetment of suicide against the MP and his father, had sought action against the inspector of Verawal Town police station for contempt of court for not following Supreme Court guidelines in the Lalita Kumar versus Government of Uttar Pradesh case on mandatory registration of FIR.

A Constitution Bench of the Supreme Court in the 2008 Lalita Kumari versus Government of Uttar Pradesh case held that registration of FIR is mandatory under section 154 of the Code of Criminal Procedure if the information discloses commission of a cognizable offence and no preliminary inquiry is permissible in such a situation.

If the information received does not disclose a cognizable offence but indicates the necessity for an inquiry, a preliminary inquiry may be conducted only to ascertain whether the cognizable offence is disclosed or not. The Supreme Court then issued the guidelines regarding the registration of FIR.

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