Vinod Kumar Pandey vs Seesh Ram Saini 2025 INSC 1095 - CrPC - FIR - S.482 CrPC - Alternative Remedy

Code of Criminal Procedure 1973 - Section 154- It is the duty of the police to register an FIR if a prima facie cognizable offence is made out, the police is not required to go into the genuineness and credibility of the said information- The genuineness or credibility of the information is not the condition precedent for registration of an FIR. (Para 32)

Code of Criminal Procedure 1973 - Section 482 - High Court(s) should discourage writ petitions or petitions under Section 482 Cr.P.C. where alternative remedies are available- But alternative remedy is not an absolute bar for invoking the extraordinary jurisdiction or the inherent jurisdiction of the High Court under Article 226 of the Constitution or Section 482 Cr.P.C. (Para 29) [Context: While upholding HC judgment, SC observed: If the Constitutional Court has exercised its discretion in entertaining the petitions and directing for the registration of the FIR against the two officers, on being satisfied that the commission of a cognizable offence is prima facie made out against them, we see no good reason to interfere with such discretion. (Para 34)]

Investigation - Justice must not only be done, but must also be seen to be done. It is high time that sometimes those who investigate must also be investigated to keep alive the faith of the public at large in the system.

Case Info


Case Name and Neutral Citation

  • Case Name: Vinod Kumar Pandey & Anr. v. Seesh Ram Saini & Ors. (also includes appeals against Vijay Aggarwal & Anr.)
  • Neutral Citation: 2025 INSC 1095

Coram

  • Judges:
    • Justice Pankaj Mithal
    • Justice Prasanna B. Varale

Judgment Date

  • Date: September 10, 2025

Caselaws and Citations Referred

  1. Pradeep Nirankarnath Sharma v. State of GujaratCitation: (2025) 4 SCC 818
  2. Sakiri Vasu v. State of U.P.Citation: (2008) 2 SCC 409
  3. Ramesh Kumari v. State (NCT of Delhi)Citation: (2006) 2 SCC 677
  4. Anurag Bhatnagar & Anr. v. State (NCT of Delhi) & Anr.Citation: 2025 INSC 895
  5. Lalita Kumari vs. Government of Uttar Pradesh and Ors.Citation: (2014) 2 SCC 1

Statutes / Laws Referred

  • Constitution of India
    • Article 226
    • Article 136
  • Code of Criminal Procedure, 1973 (Cr.P.C.)
    • Section 482
    • Section 154
    • Section 197
  • Indian Penal Code, 1860 (IPC)
    • Sections 506, 341, 342, 166, 218, 463, 465, 469, 120-B
  • Delhi Police Act, 1978
    • Section 140