The Karnataka High Court has made a comment regarding the registration of FIR which remains a matter of discussion. In fact, the Karnataka High Court had recently held that it is not necessary to register an FIR immediately after receiving information about an offense so that the investigation can be valid. Justice Srinivas Harish Kumar was hearing a case regarding making fake passports.
According to the report of the law website Bar & Bench, the court said, “Whenever a police officer receives information about an offense over the phone or in any other manner, it is not necessary to immediately register an FIR. Rather it is the duty of the police officer to take immediate measures to prevent the crime from happening. If the offense is committed in his presence then an FIR can be lodged later to take action as per section 41 of CrPC.”
Justice Srinivas Harish Kumar was hearing a petition relating to an accused of making fake passports for alleged human trafficking purposes. The police had received information that some people were involved in making fake passports for the purpose of human trafficking. Later the police arrested the accused and investigated and then the accused was convicted in this case. Thereafter a petition was filed by the accused.
The petitioner approached the court arguing that, “The officer who had lodged the FIR conducted the investigation himself and hence the entire investigation is not correct. The petitioner also questioned the investigation on the fact that the FIR was not registered immediately after the commission of the offense and since the entire investigation was conducted without following due process of law, which is against Article 21 of the Constitution of India.
Let us tell you that recently the Karnataka High Court had also given a historic decision regarding the Hijab controversy, in which the court had clearly said that the dress code will be applicable in schools and colleges according to the rules there. The court also said that hijab is not mandatory in Islam. Muslim organizations objected to the decision of the Karnataka High Court.