LALITA KUMARI VS GOVERNMENT OF UTTAR PRADESH 2008 (11) SCALE 154

LAW OF CRIMES PAPER – II (CRPC)

In the partial fulfilment of Formative Assessment - II of Odd Semester

Submitted by: Submitted to:

Pushpendra Badgoti Professor Anil Dawra
Semester III School of Law
BBA-LLB (Hons.)
140060403029

G. D. Goenka University Gate Number 3, G. D. Goenka Education Society, Gurugram-Sohna

Road, Gurugram, Haryana.

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BEFORE THE HONOURABLE SUPREME COURT OF INDIA AT DELHI,
BHARATA

ON BEHALF OF: AGAINST:

LALITA KUMARI THE GOVT OF UP
(APPELLANT)
(RESPONDENT)

MEMORANDUM ON BEHALF OF THE RESPONDENT

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 TABLE OF CONTENTS

S. No. CONTENTS PAGES

1. INDEX OF AUTHORITIES 4

2. INDEX OF ABBREVIATIONS 5

3. STATEMENT OF JURISDICTION 6

4. STATEMENT OF FACTS 7

5. STATEMENT OF ISSUES 8

6. SUMMARY OF ARGUMENTS 9

7. SUMMARY OF ARGUMENTS ADVANCED 10

8. PRAYER 11

Memorial for Respondent

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 INDEX OF AUTHORITIES

A. BOOKS AND COMMENTARIES:

1. The Code Of Criminal Procedure- Ratanlal and Dhirajlal

B. STATUTORY COMPILATIONS

1. The Code of Criminal Procedure, 1973 Bare Act

C. INTERNET SITES
1. https://lawschoolnotes.wordpress.com/2016/10/15/registration-of-fir-is-mandatory-in-
cognizable-cases-lalita-kumari-vs-govt-of-u-p-ors/
2. https://indiankanoon.org/doc/10239019/
3. http://docs.manupatra.in/newsline/articles/Upload/FD30EC39-2367-4E2E-B088-
01FA06971A5E.%20GOVT%20OF%20UTTAR%20PRADESH
%20%20TOUCHING%20UPON%20UNTOUCHED%20ISSUES.pdf

Memorial for Respondent

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 LIST OF ABRREVATIONS
¶ Paragraph

& And

AIR All India Reporter

Anr. Another

Co. Company

Edn. / Ed. Edition

Govt. Government

Hon`ble Honourable

Memorial for Respondent

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 STATEMENT OF JURISDICTION

The hon’ble Supreme Court has exclusive jurisdiction to try and entertain this appeal
under article 132 and 133 of the Indian Constitution.
The present Memorandum sets forth the facts, contentions and arguments.

Memorial for Respondent

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 STATEMENT OF FACTS

1.) The present writ petition under Article 32 of the Constitution has been filed by one
Lalita Kumari through her father Shri Bhola Kamat.
2.) Lalita Kumari, his minor daughter had not returned home for half an hour and he was
not successful in tracing her
3.) However even after registering the FIR against some private respondents who were
the chief suspects, the police did not take any action to trace Lalita Kumari
4.) According to Bhola Kamat he was also asked to pay money for initiating an
investigation and to arrest the accused persons
5.) Thus the petitioner ultimately filed this petition under Article 32 of the Constitution

Memorial for Respondent

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 STATEMENT OF ISSUES

The main issue that arises here is whether a police officer is bound to register a First
Information Report (FIR) upon receiving any information relating to commission of a
cognizable offence under Section 154 of the Code of Criminal Procedure, 1973 or the
police officer has the power to conduct a preliminary inquiry in order to test the
accuracy of such information before registering the same?

Memorial for Respondent

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 SUMMARY OF ARGUMENTS

1. It was argued that it was open to a police officer to make preliminary enquiries before
registering an offence and making a full scale investigation out of it.
2. Moreover the time period during which the girl had gone missing was too small of a
window to actually be considered a case.
3. It was also stated that the police had the discretion to verify the facts and find out
whether the evidence was substantively enough to constitute a case before they
registered an FIR.

Memorial for Respondent

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 SUMMARY OF ARGUMENTS ADVANCED

1. It was argued that it was open to a police officer to make preliminary enquiries before
registering an offence and making a full scale investigation out of it.
2. Moreover the time period during which the girl had gone missing was too small of a
window to actually be considered a case
3. It was also stated that the police had the discretion to verify the facts and find out
whether the evidence was substantively enough to constitute a case before they
registered an FIR.

Memorial for Respondent

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 PRAYER

Wherefore in the light of the facts presented, arguments advanced and authorities
cited, the appellant humbly submits that the Hon’ble court be pleased to adjudge and
declare that:

1) Pass any other order which may deem fit in light of justice equity and good
conscience.

All of which is humbly prayed

PUSHPENDRA BADGOTI

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