Accused Not Entitled To Pre-hearing Before Lodging Of FIR: Chhattisgarh HC
“Accused Not Entitled to Pre-Hearing Before Lodging of FIR” based on Indian law and judicial precedents, including relevant case laws
Principle Explained:
Accused is not entitled to any pre-hearing before the lodging of an FIR (First Information Report).
What is an FIR?
FIR is the first step in the criminal justice process.
It is the official record prepared by police when information about a cognizable offense is received.
Lodging of FIR initiates the investigation and prosecution process.
What does “Pre-hearing” mean in this context?
Pre-hearing would mean giving the accused a chance to be heard before the police register the FIR.
It implies that before a complaint is registered and investigation starts, the accused has a right to explain or defend themselves.
Why is this principle important?
The police cannot act as adjudicators to decide the truth or falsity of a complaint before investigation.
The role of police is to investigate, not to determine guilt or innocence at the stage of FIR registration.
Delay in registration can cause serious prejudice to the victim and the investigation.
Granting pre-hearing rights would defeat the purpose of prompt investigation and justice delivery.
Position of Law as upheld by Chhattisgarh High Court and other courts:
1. No right to pre-hearing before FIR
The accused does not have a right to be heard before FIR is registered.
The police must register the FIR immediately upon receiving information of a cognizable offense.
2. Filing of FIR is mandatory in cognizable offenses
Police are duty-bound under Section 154 of the Code of Criminal Procedure (CrPC) to register an FIR on receiving information about a cognizable offense.
Police cannot refuse to lodge FIR or delay it to give opportunity to accused to be heard.
3. Judicial safeguards come after investigation
The accused can challenge the FIR or investigation outcome in court after FIR is registered.
Courts deal with the question of false allegations or abuse of process at a later stage.
Key Case Laws Supporting This Principle
1. Lalita Kumari v. Govt. of Uttar Pradesh (2014) - Supreme Court
Landmark ruling where the Supreme Court held that registration of FIR is mandatory and police cannot refuse or delay FIR on grounds like lack of evidence or failure to record statement of accused before lodging FIR.
Police are not to act as gatekeepers and pre-judge the matter.
No pre-hearing or prior inquiry is required before FIR registration.
2. Chhattisgarh High Court Judgement on Pre-hearing
The Chhattisgarh High Court has repeatedly held that the accused cannot claim the right to be heard before the FIR is lodged.
The court emphasized that the police must record FIR promptly and initiate investigation.
The court noted that any grievance of false allegation can be redressed during trial or by filing a counter complaint.
3. State of Haryana v. Bhajan Lal (1992) - Supreme Court
While laying down guidelines for registration of FIRs, the Supreme Court clarified that police cannot refuse registration if the information reveals commission of a cognizable offense.
The accused can challenge the FIR later, but no pre-hearing before FIR.
4. State of Punjab v. Baldev Singh (1999) - Supreme Court
Reaffirmed the mandatory nature of FIR registration once cognizable information is received.
No discretion to withhold FIR on grounds of suspicion or to conduct pre-enquiry.
Why courts do not allow pre-hearing before FIR?
To prevent delay and denial of justice to victims.
To ensure police act as investigators, not judges.
To prevent accused from manipulating the system by delaying FIR registration.
To maintain public confidence in the criminal justice process.
Summary
| Aspect | Explanation |
|---|---|
| FIR Registration | Mandatory once cognizable information received. |
| Pre-hearing Before FIR | No right to accused to be heard before FIR. |
| Police Role | To register FIR promptly, investigate later. |
| Judicial Review | Accused can challenge FIR after registration. |
| Case Laws | Lalita Kumari (2014), Bhajan Lal (1992), others. |
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