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VIKRAM NATH, PRASANNA B. VARALE
Pradeep Nirankarnath Sharma – Appellant
Versus
State Of Gujarat – Respondent
What is the rule governing mandatory registration of an FIR under Section 154 CrPC when information discloses a cognizable offence? What is the scope of a preliminary inquiry under Lalita Kumari in cases where cognizable offences are clearly disclosed? What remedies are available to an accused if there is alleged abuse of process or misuse of FIRs, without mandating a blanket pre-FIR inquiry?
Key Points: - The registration of FIR is mandatory under Section 154 CrPC if the information discloses a cognizable offence; no preliminary inquiry is permissible in such cases. (!) (!) - A preliminary inquiry is limited to situations where information does not prima facie disclose a cognizable offence and requires verification; if a cognizable offence is clearly disclosed, police have no discretion to conduct a preliminary inquiry before registering an FIR. (!) - Lalita Kumari acknowledges a need for preliminary inquiry in limited categories (e.g., medical negligence) but does not create an absolute rule requiring pre-FIR inquiry in all cases; authorities may examine motive and conduct during investigation/trial. (!) (!) - Courts cannot issue blanket directions to require a preliminary inquiry for all future cases involving a particular accused; such directions would exceed statutory provisions. (!) (!) - The appellant can pursue remedies such as quashing of frivolous FIRs under Section 482 CrPC, bail, and challenge of illegal actions before appropriate forums; High Court’s order does not preclude these remedies. (!) (!) (!) - The appeal was dismissed, confirming that successive FIRs can be registered where cognizable offences are disclosed, and a blanket pre-FIR inquiry is not mandated. (!) - Scope of investigation/Trial can address alleged ulterior motives or abuse of power; no need for pre-FIR inquiry. (!) (!)
JUDGMENT :
(Vikram Nath, J.)
1. Leave granted.
2. The present appeal has been filed challenging the judgment and order dated 31.01.2024 passed by the High Court of Gujarat in R/Special Criminal Application (Direction) No. 1321 of 2024, whereby 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 Report1[FIR] against him for acts performed in his official capacity.
3. The facts leading to the present appeal are that the appellant is a retired Indian Administrative Service (IAS) officer who served in various administrative capacities, including as the Collector of Kachchh District, Gujarat, between 2003 and 2006. Several FIRs have been registered against the appellant in connection with alleged irregularities in land allotment orders passed during his tenure as the Collector. The allegations against the appellant primarily pertain to abuse of official position, corrupt practices, and financial irregularities in the allotment of government land. It is pertinent to note that the first FIR in this regard was registered in 2010, followed by successive FIRs lodge
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