Statutory Restrictions Cannot Curtail Article 226 Powers to Order FIR, Investigation for Cognizable Offence: Kerala High Court

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Published 27 October 2026

Case: Not provided in source
Court: High Court of Kerala
Bench: Not provided in source
Citation: Not provided in source
Statutes: Constitution of India — s.226
Source: LiveLaw

Bottom Line Up Front (BLUF)

The Kerala High Court held that statutory restrictions cannot curtail the High Court's powers under Article 226 of the Constitution of India to order registration of an FIR and investigation where a cognizable offence is made out. The court emphasized that the power under Article 226 is extraordinary and cannot be limited by ordinary legislation.

Ratio Decidendi · Legal Principle Established

The extraordinary powers of the High Court under Article 226 of the Constitution of India to direct registration of an FIR and investigation into a cognizable offence cannot be curtailed or circumscribed by any statutory restrictions imposed by ordinary legislation.

Practice & Procedural Impact for Advocates

Advocates can directly approach the High Court under Article 226 for directions to register an FIR and initiate investigation if a cognizable offence is evident, even if statutory procedures might otherwise restrict such a direction. Litigants should be aware that the High Court's writ jurisdiction offers a direct avenue for intervention in cases of police inaction on cognizable offences.

Key Legal Takeaways

1Article 226 powers are not subject to ordinary statutory limitations.
2High Courts can direct FIR registration and investigation for cognizable offences.
3This power is available even if other statutory remedies exist.

The Legal Issue The Kerala High Court considered whether statutory restrictions could limit its powers under Article 226 of the Constitution of India to direct the registration of a First Information Report (FIR) and subsequent investigation when a cognizable offence is clearly made out. This issue arises when ordinary legislation might prescribe specific procedures or limitations on police action, potentially conflicting with the High Court's inherent writ jurisdiction.

Court's Reasoning The Kerala High Court held that the powers vested in the High Court under Article 226 of the Constitution of India are extraordinary and cannot be curtailed or circumscribed by any statutory restrictions imposed by ordinary legislation. The court reasoned that the constitutional mandate of Article 226 allows the High Court to intervene to ensure justice and uphold the rule of law, particularly in matters involving the commission of cognizable offences where police authorities might fail to act. The High Court affirmed its authority to issue directions for the registration of an FIR and the initiation of an investigation, irrespective of any limitations found in other statutes.

What Follows This ruling means that individuals can petition the Kerala High Court under Article 226 to compel police to register an FIR and investigate a cognizable offence, even if other statutory provisions might appear to restrict such a direction. The High Court will exercise its discretion to ensure that cognizable offences are duly investigated, thereby reinforcing the constitutional remedies available to citizens.