Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Prevention of Corruption Act 1988 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Prevention of Corruption Act, 1988 (49 of 1988) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12 Referred Case 13 Referred Case 14 Referred Case 15 Referred Case 16 Referred Case 17 Referred Case 18 Referred Case 19 Referred Case 20 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Prevention of Corruption Act 1988 – s.13(2) r/w s.13(1)(e) – Penal Code, 1860 – s.109 – Central Bureau of Investigation (Crime) Manual 2005 – Constitution of India – Article 226 – Code of Criminal Procedure, 1973 – s.482 – Corruption cases – Preliminary enquiry if mandatory before registering an FIR – FIR registered against first respondent, Commissioner of Income Tax on the basis of “source information” for allegedly possessing assets disproportionate to her known sources of income – Second respondent, her husband is alleged to have abetted the offence – FIR quashed by High Court inter alia holding that the appellant should have conducted a Preliminary Enquiry before registration of the FIR – On appeal, held: Institution of a Preliminary Enquiry in cases of corruption is not made mandatory before the registration of an FIR under the CrPC, PC Act or even the CBI Manual – In case the information received by the CBI, through a complaint or a “source information” under Chapter 8, discloses the commission of a cognizable offence, it can directly register a Regular Case instead of conducting a Preliminary Enquiry – This does not take away from the value of conducting a Preliminary Enquiry in an appropriate case – High Court should have only considered whether the contents of the FIR as they stand, prima facie make out a cognizable offence instead of conducting a mini-trial – Documents relied upon by the respondents cannot form the basis of quashing the FIR as the value and weight to be ascribed to the documents is a matter of trial – Impugned judgment of High Court set aside – Appellant can continue with investigation based upon the FIR – Delhi Special Police Establishment Act, 1946 – s.6.Constitution of India – Article 226 – Code of Criminal Procedure, 1973 – s.482 – Quashing of FIR – Review by High Court – Scope of – Discussed. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2021 INSC 643 |
Petitioner | Bureau Of Investigation (cbi) And Anr. |
Respondent | Thommandru Hannah Vijayalakshmi @ T. H. Vijayalakshmi And Anr. |
SCR | [2021] 13 S.C.R. 364 |
Judgement Date | 2021-10-08 |
Case Number | 1045 |
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