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PRATHIBA M. SINGH, AMIT SHARMA
Court On Its Own Motion – Appellant
Versus
State – Respondent
Key Points: - Registration of FIR is mandatory if information discloses a cognizable offense; non-cognizable offenses require Magistrate approval to investigate. (!) (!) (!) - Magistrates/Courts must remain largely silent spectators regarding investigation until final report; supervision cannot include challenging FIR validity, though they may provide limited assistance (e.g., search warrants) on a case-by-case basis. (!) (!) (!) (!) (!) - A reference under Section 395(2) Cr.P.C. can be made at any stage of the criminal process, including during investigation, provided there is a case pending before the court and there is a compelling reason; the reference may precede or accompany investigation, not limited to post-charge stage. (!) (!) (!) (!) (!)
JUDGMENT :
Prathiba M. Singh, J.
1. This hearing has been done through hybrid mode.
2. The present connected cases arise from the same order of dismissal and/or letter of reference dated 4th October, 2021. One is a criminal reference made by the ld. Special Judge, C.B.I Court-20 (Prevention of Corruption Act), Rouse Avenue District Courts, New Delhi and another is a criminal writ petition preferred by the Central Bureau of Investigation (‘CBI’) against the said order of dismissal.
I. BACKGROUND
3. The said cases arise from a series of allegations regarding corruption that occurred during the execution of certain purchase orders placed for the supply of spare parts by various Public Sector Undertakings (hereinafter ‘PSUs’) including the Hindustan Aeronautics Ltd. (hereinafter ‘HAL’), Oil & Natural Gas Corporation (hereinafter ‘ONGC’), Gas Authority of India (hereinafter ‘GAIL’) to M/s Rolls Royce Plc. (London). The allegations made in the said PE related to certain purchase orders placed to Rolls Royce, London. It is claimed that a source informer of CBI had informed that during the period of 2007-2011, undisclosed commissions amounting to approximately 10-11.3% of the contract value wer
The registration of an FIR is mandatory if the information discloses a cognizable offense; the police cannot investigate non-cognizable offenses without a Magistrate's order.
Point of Law : Dismissal of petition to Quash of FIR – Commission of cognizable offence and pendency of investigation – cannot be quashed.
Investigation proceedings remain valid despite procedural defects if sufficient substantive evidence supports charges, emphasizing the necessity of proper police authorization and hierarchical compli....
The Court emphasized the wide powers of a Magistrate under Section 156(3) Cr.P.C. to order registration of an FIR, direct proper investigation, and monitor the same. It also highlighted the need for ....
The accused has no right to a hearing before the registration of an FIR, and anyone can initiate criminal proceedings unless explicitly barred by law.
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.
The court confirmed that an FIR under the Essential Commodities Act does not require a Collector's recommendation, and accused have no right to be heard prior to FIR registration.
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