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Giridhari Lal Kanak vs State And Ors. on 22 October, 2001 cites

State Of Haryana And Ors vs Ch. Bhajan Lal And Ors on 21 November, 1990

9. Mr. V.K. Tankha, learned Advocate General for the State, combating the aforesaid submissions has contended that registration of an FIR in all circumstances is not a must as that would give rise to chaos and anarchy. It is canvassed by him that an investigating agency has the duty to conduct a preliminary enquiry whether there has been any truth in the allegations made in the FIR and if it found on the preliminary enquiry that there is no truth and it is founded on falsehood, no FIR should be registered and no number should be allotted. Learned Advocate General has submitted that as a practice here when an FIR is lodged no crime number is given and after the matter is investigated then only a crime number is assigned. Learned Advocate General gave immense emphasis on the concept of preliminary enquiry to highlight that if such a safeguard is not there any person can be booked on frivolous allegations and investigation would be warranted. To support his submissions he has placed reliance on the decisions rendered in the cases of Municipal Committee, Amritsar v. Hazara Singh AIR 1975 SC 1087 : 1975 Cri LJ 928; State of West Bengal v. Swapan Kumar Guha AIR 1982 SC 949 : 1982 Cri LJ 819; State of Haryana v. Ch. Bhajan Lal 1992 Cri LJ 527 (SC), Mrs. Vidya Stokes v. State of Himachal Pradesh 1994 Cri LJ 1833 (Him Pra); Mrs. Rupan Deol Bajaj v. Kanwar Pal Singh Gill AIR 1996 SC 309 : 1996 Cri LJ 381.
Supreme Court of India Cites 44 - Cited by 19733 - S R Pandian - Full Document

Prabhu Dayal Deorah Etc. Etc vs The District Magisrate, Kamrup & Ors on 11 October, 1973

22. There is no such thing like unfettered discretion in the realm of powers defined by statutes and indeed, unlimited discretion in that sphere can become a ruthless destroyer of personal freedom. The power to Investigate Into cognizable offences must, therefore, be exercised strictly on the condition on which it is granted by the Code, I may, in this behalf, usefully draw attention to the warning uttered by Mathew J. in his majority judgment in Prabhu "Dayal Deorah v. The District Magistrate, Kamrup (1974) 2 SCR 12 at pp 22-23 : AIR 1974 SC 183 at p. 199, to the following effect :
Supreme Court of India Cites 26 - Cited by 143 - K K Mathew - Full Document
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