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MANINDRA MOHAN SHRIVASTAVA, G. ARUL MURUGAN
K. Athinarayanan – Appellant
Versus
State Rep by the Additional Chief Secretary to Government Home – Respondent
ORDER (COMMON)
Manindra Mohan Shrivastava, CJ.—W.P.(MD) No.34197 of 2025 has been filed as a public interest litigation, seeking a direction to the third respondent/Director General of Police to take appropriate action based on the communication issued by the second respondent/Enforcement Directorate dated 27.10.2025, if necessary obtain sanction from the first respondent/Government and proceed in accordance with law, following the dictum of the Hon’ble Supreme Court in the case of Lalita Kumari v. Government of U.P., (2014) 2 SCC 1.
2. W.P.(Crl.) No.74 of 2026 is filed seeking to direct respondent Nos.1 to 3 to register an FIR forthwith based on the petitioner’s representation dated 13.12.2025 and direct a fair, impartial and time-bound investigation.
3. The petitioner in W.P.(MD) No.34197 of 2025 claims to be a member of the society, which is espousing the voice of general public and fighting against corruption.
4. The petitioner in W.P.(Crl.) No.74 of 2026 is a sitting Member of Parliament in Rajya Sabha and also a practising advocate, who seeks registration of the criminal case in respect of the alleged large-scale recruitment scam.
5. According to the petitioners, a notificatio
FIR – Registration of FIR is mandatory under Section 154 of Cr.P.C. if information discloses commission of a cognizable offence, and no preliminary enquiry is permissible in such a situation – Holdin....
The registration of an FIR is obligatory if the information provided indicates a cognizable offence, as preliminary inquiries cannot delay the registration process, particularly in cases involving sy....
Point of Law : Dismissal of petition to Quash of FIR – Commission of cognizable offence and pendency of investigation – cannot be quashed.
The necessity of conducting a preliminary enquiry in cases of alleged corruption involving disproportionate assets, and the requirement of registering an FIR based on existing legal provisions.
Forgery - Quash of FIR - Rights of petitioner - While ensuring and protecting rights of accused and complainant, a preliminary inquiry should be made time-bound and, in any case, it should not exceed....
A preliminary inquiry is not mandatory before registering an FIR under the Prevention of Corruption Act if a prima facie case exists based on a detailed source information report.
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