The Yogi Government of Uttar Pradesh gave relief to a big section of the state. The Government has been mandated to make a preliminary investigation before lodging of FIR. It is also being considered as a step to crack down on the police. The DGP headquarters has also issued instructions to all the districts and Commissionerate.
The reasoning behind this step is to speed up the State’s development projects and the state’s commitment towards ease of doing business. For this purpose, it is necessary that any entrepreneur businessman, educational institution, hospital or hotel- restaurant, should not be harassed. Therefore, a preliminary investigation shall be necessary before lodging an FIR against them.
The order passed by the DGP also refers to a Supreme Court ruling Lalita Kumari vs State of UP (68/2008, SC). The Supreme Court has described the formal procedure concerning the preliminary investigation before lodging the FIR for matters that are of a civil nature, related to commercial disputes or related to any accident in any reputed institution.
According to DGP headquarters, the sole reason for passing this order was to prevent the misuse of FIR by fabrication in matters that are purely civil and also to prevent the abuse of the judicial proceedings. It will create an investment-friendly atmosphere, and the state will get the opportunity to fetch more investment. It is also very clear that nothing in this order prevents the lodging of the FIR on the happening of a cognizable offence. There is no need for preliminary investigation in cognizable cases. In those cases, the FIR shall be lodged immediately as per the instructions and directions of the Supreme Court.
