Can
cryptic messages be considered as a First Information Report (FIR). FIR a
written document prepared by the police when they receive information about the
commission of a cognizable offence. HELD cryptic messages not FIR.
The Hon’ble Supreme Court in Anand Mohan Vs State of Bihar19 observed cryptic messages cannot be FIR.
Supreme Court in Binay Kumar Singh and others Vs
State of Bihar [(1997) 1 SCC 283] held that the officer in-charge of the police
station is not obliged to accept as FIR any nebulous information received from
somebody which does not disclose any authentic cognizable offence and it is
open to the officer in-charge to collect more information containing details of
the occurrence, if available, so that he can consider whether a cognizable
offence has been committed warranting investigation.
The Supreme Court in Sheikh Ishaque and Others
Vs State of Bihar [(1995) 3 SCC 392], Gulabi Paswan gave a cryptic information
at the police station to the effect that there was a commotion at the village
as firing and brick batting was going on and this Court held that this cryptic
information did not even disclose the commission of a cognizable offence nor
did it disclose who were the assailants and such a cryptic statement of Gulabi
Paswan cannot be treated to be an FIR within the meaning of section 154 Cr.P.C.
The Hon’ble Supreme Court in Anand Mohan Vs State of Bihar19 held “In our consideration opinion, therefore,
the trial court and the High Court have rightly treated the subsequent typed
written information lodged by PW-14 and not the wireless message as the FIR”.
Prepared by:
S. Hemanth
Advocate at Hemanth & Associates
