The course
available, when the police does not carry out
the statutory requirements under Section
154 was directly in issue in All India
Institute of Medical Sciences case [(1996)
11 SCC 582 : 1997 SCC (Cri) 303] ,
Gangadhar case [(2004) 7 SCC 768 : 2005
SCC (Cri) 404] , Hari Singh case [(2006) 5
SCC 733 : (2006) 3 SCC (Cri) 63] and Minu
Kumari case [(2006) 4 SCC 359 : (2006) 2
SCC (Cri) 310] . The correct position in law,
therefore, is that the police officials ought to
register the FIR whenever facts brought to
their notice show that cognizable offence
has been made out. In case the police
officials fail to do so, the modalities to be
adopted are as set out in Section 190 read
with Section 200 of the Code. It appears that
in the present case initially the case was
tagged by order dated 24-2-2003 with WP
(C) No. 530 of 2002 and WP (C) No. 221 of
2002. Subsequently, these writ petitions
were delinked from the aforesaid writ
petitions.
In the case of Ansar Ahmad versus State
2023 SCC Online SC 974, the
Hon'ble Supreme Court had expanded the horizon of
the broad parameters, which are to be primarily taken
into account, for considering the claim for regular bail
or anticipatory bail as under: