All India Institute Of Medical Sciences ... vs Union Of India (Uoi) And Ors. on 29 October, 1996
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's case (supra), Gangadhar's case (supra),
Hari Singh's case (supra) and Minu Kumari's case
(supra). The correct position in law, therefore, is that the
police officials ought to register the FIR whenever facts
brought to its 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 Sections
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) 530/2002 and WP(C)
221/2002.