B. The Law says Article 14 of the Constitution guarantees to all persons’ equality before
the law and equal protection before the law within the territory of India.
Police officers must register an offence on receiving information about a
cognizable offence. It is not far fetched to say that Registration of FIRs
then becomes a prerequisite for granting equal protection to everyone
before the law.
C. Supreme Court directives4
1.
An FIR must be registered as soon as information about a cognizable
offence is received.
2.
Before starting an investigation, police officers should make a rational
inference that a cognizable offence has been committed. The inference
should be made solely on the basis of facts mentioned in the FIR.
3.
Courts as a rule, will not interfere in the investigation process except
in the following circumstances when the High Court can cancel the
FIR and other proceedings carried out by the police:
(i)
Where the allegations in the FIR do not constitute any cognizable
offence or justify and investigation by the police.
(ii) Where the allegations made in the FIR and the evidence collected
by the police in support of the allegations do not point towards
the guilt of the accused.
(iii) Where investigation has been carried out by the police in a noncognizable offence without the order of a magistrate.
(iv) Where the CrPC or any other law expressly prohibits carrying
out of criminal proceedings against the accused.
(v) Where criminal proceedings have been started with dishonest
intent to take revenge from the accused.
4
Human Rights and Policing, CHRI, New Delhi, April 2005
20
Manual on Human Rights for Police Officers