In the recent judgement on SC/ST Act 1989, SC provided for preliminary enquiry before registering FIR for offences under the Act. But a Constitution Bench of the Supreme Court in Lalita Kumari v. Govt. of U.P, 2014 held that registration of First Information Report 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 cognizable offence is disclosed or not.
Offences under SC/ST Act are cognizable, hence what is the necessity of preliminary enquiry as information received would prima facie reveal the commitment of a cognizable offence.
Further the judgement says, “To avoid false implication of an innocent, a preliminary enquiry may be conducted by the DSP concerned to find out whether the allegations make out a case under the Atrocities Act and that the allegations are not frivolous or motivated.” How can anyone ascertain if the allegations are frivolous without the recourse of court?
If the policemen are empowered to not register FIR due to prima facie impression that the complaint is frivolous or motivated then what does the “mandatory registration of FIR” mean in Lalita Kumari case?
Is the same level of protection to accused available in any other offences (Sec 498a, PCA, etc.)?
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