K. Sreedhar Rao, Ag. C.J.

1. The generic question as to whether the investigating Officer should first register the FIR and thereupon embark upon investigation is seized by the Larger Bench of the Supreme Court inthe case of LALITA- KUMARI vs STATE of U.P. AND OTHERS [(2012)4 SCC 1]. There were Conflicting views with regard to the registration of FIR. One view is to the effect that the investigating officer has discretion to make a preliminary enquiry before registering the FIR. The counter view was to the effect that the investigating officer has no discretion but to register the FIR and thereafter to embark upon investigation.

2. In criminal petition No.15941/2012, the facts reveal that the investigating officer gets credible information that in the Sub-Registrar’s office, the Sub-Registrar is demanding and accepting bribe from the public,who are presenting their documents for registration. The investigating officer, without registering the said information, proceeds to the Sub-Registrar’s office. Upon search of the Sub-Registra’rs and other officials, he does not find any money in their possession, but from other persons who are in the office and who are not the offic