Code of Criminal Procedure, 1973 – s.154 – The appellant placed reliance on Lalita Kumari v. Government of Uttar Pradesh & Ors., to argue that the registration of an FIR should be preceded by a preliminary inquiry in cases involving allegations of abuse of official position – Correctness: Held: The scope of a preliminary inquiry, as clarified in the Lalita Kumari v. Government of Uttar Pradesh & Ors., is limited to situations where the information received does not prima facie disclose a cognizable offence but requires verification – However, in cases where the information clearly discloses a cognizable offence, the police have no discretion to conduct a preliminary inquiry before registering an FIR – The decision in Lalita Kumari does not create an absolute rule that a preliminary inquiry must be conducted in every case before the registration of an FIR – Rather, it reaffirms the settled principle that the police authorities are obligated to register an FIR when the information received prima facie discloses a cognizable offence. [Para 12] Code of Criminal Procedure, 1973 – s.154 – The High Court dismissed the appellant’s plea seeking a writ of mandamus directing the respondent authorities to conduct a preliminary inquiry before registering any First Information Report against him for acts performed in his official capacity – Correctness: Held: In the present case, the allegations against the appellant pertain to the abuse of official position and corrupt practices while holding public office – Such allegations fall squarely within the category of cognizable offences, and there exists no legal requirement for a preliminary inquiry before the registration of an FIR in such cases – The appellant’s contention that successive FIRs have been registered against him with an ulterior motive is a matter that can be examined during the course of investigation and trial – The appellant has adequate remedies under the law, including the right to seek quashing of frivolous FIRs u/s. 482 CrPC, the right to apply for bail, and the right to challenge any illegal actions of the investigating authorities before the appropriate forum. [Para 13]
Code of Criminal Procedure, 1973 – FIR – Statutory framework – Judicial overreach – Whether this Court can issue a blanket direction restraining the registration of FIRs against the appellant or mandating a preliminary inquiry in all future cases involving him:
Held: This Court cannot issue a blanket direction restraining the registration of FIRs against the appellant or mandating a preliminary inquiry in all future cases involving him – Such a direction would not only be contrary to the statutory framework of the CrPC but would also amount to judicial overreach – As rightly observed by the High Court, courts cannot rewrite statutory provisions or introduce additional procedural safeguards that are not contemplated by law. [Para 14]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Ankit Gyan. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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