In Mohammad Afzal Mohammad Sharif v. State of Maharashtra & Ors., decided on 19 August 2025, the Supreme Court held that during communally charged situations, preliminary inquiry may only be done when it does not disclose a cognizable offence. Failure to do so, especially in communally sensitive situations, amounts to a serious dereliction of duty and violates the rule of law.
Justice Sanjay Kumar dealt with the case wherein the appellant, a 17-year-old boy, alleged that he was brutally assaulted during communal riots in Akola, Maharashtra. The appellant’s writ appeal had been rejected by the High Court, which questioned his sincerity and pointed to his tardiness in calling the police. The Supreme Court, however, disagreed, noting that the police have a direct responsibility to take action under Section 154 CrPC as soon as they learn of a crime that is punishable by law.
In Lalita Kumari v. Government of Uttar Pradesh, the Court upheld the ruling that police must file a formal complaint (FIR) as soon as a cognizable offense is disclosed, and that only a limited preliminary investigation is allowed to determine whether the disclosure is accurate. The judgement additA beionally touched upon Section 173(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, noting that even under the new legal regime, preliminary inquiry may be allowed only in limited cases to prevent frivolous FIRs. However, the same cannot be equated to dismissing the credibility of lodging FIR.