Case Note & Summary
The appeal arose from a judgment dated 11 February 2020 by the Telangana High Court, which quashed an FIR registered against the first respondent, a Commissioner of Income Tax, and her spouse, a Minister in the Andhra Pradesh government, for alleged possession of disproportionate assets. The FIR, registered on 20 September 2017, accused the first respondent of holding assets worth Rs 1,10,81,692, which was claimed to be disproportionate to her known sources of income. The High Court found that the CBI should have conducted a Preliminary Inquiry before registering the FIR, as the information regarding the respondents' income could be verified from their known sources. The respondents contended that the FIR was politically motivated and lacked sufficient grounds for prosecution. The CBI argued that the FIR was based on reliable source information and that a Preliminary Inquiry was not necessary as the information disclosed a cognizable offence. The Supreme Court analyzed the legal precedents regarding the necessity of a Preliminary Inquiry, particularly in corruption cases, and concluded that while a Preliminary Inquiry may be desirable, it is not mandatory if the FIR discloses a cognizable offence. The court emphasized that the CBI Manual is not a statute and cannot supersede the provisions of the Code of Criminal Procedure. Ultimately, the Supreme Court set aside the High Court's judgment, allowing the FIR to stand and directing the continuation of the investigation.
Headnote
A) Criminal Procedure - FIR Registration - Preliminary Inquiry Requirement - Code of Criminal Procedure, 1973, Section 154 - The court held that a Preliminary Inquiry is not mandatory when the information received discloses the commission of a cognizable offence. The necessity for a Preliminary Inquiry depends on the facts and circumstances of each case, particularly in corruption cases where it may be warranted to prevent frivolous complaints (Paras 12-33).
Issue of Consideration
Whether a Preliminary Inquiry is mandatory before registering an FIR in cases involving alleged corruption against public servants.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's judgment, and upheld the FIR registration, stating that a Preliminary Inquiry is not mandatory when the FIR discloses a cognizable offence.
Law Points
- Preliminary Inquiry
- FIR Registration
- Corruption Offences
- CBI Manual
- Judicial Review
