PRADEEP NIRANKARNATH SHARMA v. THE STATE OF GUJARAT
Discusses interpretation of constitutional rights and CrPC provisions related to FIR registration and preliminary inquiry.
Court: Supreme Court of India
Citation: 2025 INSC 350
Decision Date: 17-03-2025
List of Laws
Constitution of India, 1949; Code of Criminal Procedure, 1973
- Constitution of India, 1949: The judgment discusses Articles 14, 20, 21, 22, and 226 of the Constitution of India. The appellant argued that the successive and arbitrary registration of FIRs violated his fundamental rights, particularly his right to liberty under Article 21, and principles of fairness and due process enshrined in Articles 14 and 21. The appellant approached the High Court under these articles, including Article 226, seeking a writ of mandamus. The court considered whether mandatory registration of FIRs under Section 154 CrPC contravenes Article 21.
- Code of Criminal Procedure, 1973: The judgment extensively discusses Section 154 CrPC, regarding the registration of FIRs. The State argued that under Section 154, registration of an FIR is mandatory upon receiving information disclosing a cognizable offense. The court refers to the Lalita Kumari judgment, which held that registration of an FIR is mandatory under Section 154 if the information discloses the commission of a cognizable offence. The judgment also mentions Section 482 CrPC, noting the appellant's right to seek quashing of frivolous FIRs under this section. The High Court noted that the CrPC does not provide for an opportunity of explanation to an accused prior to the registration of an FIR.
🔒 For Members Only