Supreme Court Ruling on Preliminary Inquiry
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| Supreme Court Ruling on Preliminary Inquiry |
Supreme Court Ruling on Preliminary Inquiry
In a significant ruling, on 17.03.2025 the Supreme Court has held that “the Scope of Preliminary inquiry, where the information received does not prima facie disclose a cognizable offence but requires verification. However, in cases where the information clearly reveals a cognizable offence, the police have no discretion to conduct a preliminary inquiry before registering a FIR.” Supreme Court Ruling on Preliminary Inquiry is Mandatory or not.
According to Bharatiya Nagarik Suraksha Sanhita BNSS, Section 173(3) defines that the preliminary inquiry to be conducted within 14 days. Proceed with investigation if a prima facie case exists.
A Bench of Justice Vikram Nath and Justice
Prasanna B Varale held that, the
decision/ruling in a case of Lalita Kumari (supra) does not lay down an
absolute rule that in every case a preliminary inquiry has to be
conducted before registering of an FIR.
This Court, in Lalita Kumari (supra), has categorically held that the registration of an FIR is mandatory under Section 154 CrPC if the information discloses the commission of a cognizable offence.
Brief Facts:
The
brief fact is that the appellant has filed an appeal challenging the judgment
and order dated 31/01/2024 passed by the Gujarat High Court by which the
learned high court dismissed the writ petition seeking writ of mandamus
directing to respondent authority to conduct preliminary enquiry
before the registration of FIR.
The
Present Appeal, the appellant is a retired IAS who has served in various
administrative positions, including Collector of kachchh, Distrct, Gujarat,
between 2003 and 2006. That the Several FIRS were registered against the
appellant in relation to alleged irregularities in the land allotment orders
passed during his tenure as Collector. After that aggrieved by the registration
of multiple FIRs, the appellant approach the High Court of Gujarat by way of writ
petition under article 14, 20, 21, 22 and 226 Constitution of India. In
which the appellant seeking writ of mandamus directing to respondent authority
to conduct preliminary inquiry before the registration of FIR.
The
High Court dismissed the writ petition of the Appellant and held that
once a cognizable offence is disclose in the information/complaint the police
authority under a statutory obligation
to register an FIR and conduct an investigation.
The
High Court further held that granting a blanked direction a preliminary
inquiry in all cases involving the appellant would amount to judicial
legislation, which is impermissible.
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| Overview of the Supreme Court |
Legal Issues:
Whether the
preliminary inquiry shall not be required for registration of FIR
against any person?
Whether the absolute rule that a preliminary
inquiry must be conducted in every case before the registration of FIR?
In
an appeal, the Supreme Court held that the allegations against
the appellant pertain to the misuse of official position and corrupt practices
while holding a public office. Such
allegations fall squarely in the category of cognizable offences and there is
no legal requirement for a preliminary inquiry before the
registration of an FIR.
Further,
this Court cannot issue a blanked direction prohibiting the registration of
FIRs against the appellant or making preliminary inquiry mandatory
in all future cases connected with him. Such a direction would not only be
contrary to the statutory framework of the CrPC but would also amount to
judicial overreach.
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| preliminary inquiry not mandatory in every case |
Conclusion:
The Supreme Court in the matter Pradeep Nirankarnath Sharma vs. State of Gujurat and others SCC 17.03.2025 of has held that the Scope of Preliminary inquiry, where the information received does not prima facie disclose a cognizable offence but requires verification. However, in cases where the information clearly reveals a cognizable offence, the police have no discretion to conduct a preliminary inquiry before registering a FIR.
A preliminary inquiry is not mandatory before registration of FIR in every case. The Preliminary inquiry depends upon the facts and circumstances of each case.
It is clarified that this order shall not prevent the appellant from availing any other remedy available under the law in respect of the pending FIR or future proceedings.
Appeal,
the same is dismissed.
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