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of a case. Genuineness or credibility of the Disapproving the High Court order. The bench
information is not a condition precedent for said, “The High Court erred in law in dismissing
registration of a case. the petition solely on the ground that the con-

Quoting an earlier decision, the bench said “it is tempt petition was pending and appellant had an
mandatory for a police officers to register a case alternative remedy. The ground of alternative
on a complaint of a cognisable offence and that remedy nor pending of the contempt petition
the police could not prejudge the issue.” would be no substitute in law not to register a
“At the stage of registration of a crime or a case case when a citizen make a complaint of a
on the basis of information disclosing an offence, cognisable offence against the police officer.”
a police officer cannot embark upon an enquiry The bench noted that in this case since the
whether the information is reliable or not,” the complaint was against a police officer, interests of
bench said, adding “the police would have no justice would be better served by ordering a
other option except to register the complaint.” probe into the complaint by the Central Bureau
Ramesh Kumari filed a complaint before the of Investigation (CBI).
police in September 1997 and the grievance was The bench directed the CBI to register a case and
that no formal report was registered. The High conduct the probe and complete it in three
Court dismissed the petition challenging non- months. It also asked the high court to dispose of
registration of formal complaint on the ground the contempt petition expeditiously.
that he had filed a contempt petition. Against this
order, he moved the apex court.

Terminology

Disputes : a disagreement or argument
Magistrates : a civil officer who administers the law
Plaintiff : a person who brings a case against another in a court of law
Interrogation : the action of interrogating or the process of being interrogated

Inside Story
Inside Story
g The Constitution of India came into effect on the 26th of January, 1950

g Broadly speaking judicial cases can be divided into two categories— civil cases and criminal
cases.

g Courts play a vital role in the administration of justice.
g The public prosecutors are state appointed gazetted officers who help in the prosecution of
offenders to keep the society free from crime.
g The Supreme Court has laid down guidelines that the police must follow at the time of
arrest, detention and interrogation.
g First Information Report (FIR) is the information which a police officer receives about the
commission of the crime.

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