“ In the light of the law as it stands today and various judicial pronouncements, the investigation officer, in all but manifestly false cases, proceeds to register an FIR,” added the affidavit.
“ A fine balance needs to be found between the rights of the complainant and the need to protect a manifestly innocent person from the travails of an investigation and trial…… In view of the legal position, it is clear that when any information regarding the commission of a cognisable offence is received, the concerned police officer is duty bound to register an FIR and conduct an investigation. If, at a later date, it is concluded that no offence has been committed or that the allegations are not true, then such officer is under an obligation to disclose the same to the court ,” the affidavit reads.
The state, however, also said that if the High Court still feels the need for any guidelines to the police, it could issue the same or direct that they be framed by the authorities.
Source- Indian express