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2021 Supreme(SC) 607

D.Y.CHANDRACHUD, VIKRAM NATH, B V NAGARATHNA
Central Bureau of Investigation (CB) – Appellant
Versus
Thommandru Hannah Vijayalakshmi @ T. H. Vijayalakshmi – Respondent


Advocates appeared:
For the Appellant(s) : Ms. Aishwarya Bhati, ASG Mr. Prashant Singh, Adv. Mr. Aditi Khorana, Adv. Mr. Shantnu Sharma, Adv. Mr. Navanjay Mahapatra, Adv. Mr. Arvind Kumar Sharma, AOR
For the Respondent(s): Mr. Siddharth Dave, Sr. Adv Mr. Santanam Swaminadhan, Adv. Mr. Abhilasha Shrawat, Adv. Ms. Prakruti Golechha, Adv. Mrs. Aarthi Rajan, AOR Mr. A. Karthik, AOR Mr. Siddharth Luthra, Sr. Adv. Mr. Hirendranath, Adv. Mr. Rahul Sharma, Adv. Mr. Saaketh Kasibhatla, Adv. Mr. A. Karthik, AOR

Judgement Key Points

Certainly. Based on the provided legal document, the key points are as follows:

  1. The registration of an FIR under the relevant criminal procedure law is mandatory if the information discloses the commission of a cognizable offence, and a preliminary enquiry is not required in such cases. The scope of a preliminary enquiry is only to determine whether the information discloses a cognizable offence, not to verify the veracity of the information (!) (!) (!) .

  2. Conducting a preliminary enquiry before registering an FIR is not a mandatory requirement in all cases, including those involving allegations of corruption or possession of disproportionate assets. The decision to conduct a preliminary enquiry depends on the facts and circumstances of each case (!) (!) .

  3. The scope of judicial review in proceedings to quash an FIR is limited to assessing whether the allegations, as they stand, prima facie disclose a cognizable offence. Courts should avoid conducting mini-trials or roving inquiries and should only examine the contents of the FIR at face value (!) (!) .

  4. The power of courts to quash an FIR should be exercised sparingly and only in exceptional cases where the allegations do not prima facie constitute an offence or where continuation of the proceedings would cause manifest injustice. The courts should not interfere with the investigation unless there are clear grounds that the FIR is baseless or malicious (!) (!) (!) .

  5. The investigation process should be allowed to proceed without interference from the courts unless it is evident that the FIR is legally untenable or based on false information. Courts should not conduct detailed scrutiny of evidence or documents at the FIR stage, as this is the domain of trial proceedings (!) (!) .

  6. The decision to quash an FIR based on the verification of documents or the assessment of assets and income at the initial stage is inappropriate. Such detailed analysis is reserved for subsequent stages of trial and investigation. The court's role is limited to determining whether the FIR, on its face, discloses a cognizable offence (!) (!) .

  7. The legal framework and procedural guidelines, including the relevant manual, do not mandate a preliminary enquiry before registration of an FIR in cases of corruption or disproportionate assets. The authorities can proceed directly to register a case if the information indicates the commission of a cognizable offence (!) (!) .

  8. The investigation can be initiated based on source information or documents seized during other investigations, provided that such information reasonably discloses a cognizable offence. The validity of the investigation is not dependent on prior verification or a formal preliminary enquiry (!) (!) .

  9. The assessment of documents such as income tax returns or valuation reports at the FIR stage should be regarded as preliminary and not conclusive. Their evidentiary value is to be determined during trial, and courts should avoid making definitive findings about the lawfulness of income or assets at this stage (!) (!) .

  10. The jurisdiction of courts to interfere with the investigation or quash FIRs is limited, and courts should exercise caution to prevent encroaching upon the investigative domain of authorities. Interference is only justified in cases where the FIR is manifestly false, frivolous, or based on mala fide motives (!) (!) .

In summary, the legal principles emphasize that the registration of an FIR should not be hindered by mandatory preliminary enquiries, and courts should restrict their review to the face of the FIR, allowing investigations to proceed unless there are clear legal defects.


JUDGMENT :

Dhananjaya Y Chandrachud, J

This judgment has been divided into sections to facilitate analysis. They are:

    A The Appeal

    B Factual and procedural history

    C Counsel’s submissions

    D Whether a Preliminary Inquiry is mandatory before registering an FIR

    D.1 Precedents of this Court

    D.2 CBI Manual

    D.3 Analysis

    E Whether the FIR should be quashed

    E.1 Scope of review before the High Court

    E.2 Whether the FIR is liable to be quashed in the present case

    F Conclusion

A The Appeal

1. The appeal arises from a judgment dated 11 February 2020 of a Single Judge of the High Court for the State of Telangana, by which: (i) a writ petition1[Writ Petition No 8552 of 2018] filed by the respondents under Article 226 of the Constitution of India was allowed; and (ii) the First Information Report2[“FIR”] dated 20 September 2017 registered against the respondents was set aside, together with proceedings taken up pursuant to the FIR.

2. The first respondent is a Commissioner of Income Tax while the second respondent is her spouse. The second respondent is a Member of the Legislative Assembly3[“MLA”] and is a

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