Preliminary Enquiry By CBI Not Must In Corruption Cases: Supreme Court
NDTV
The Supreme Court said that in case the information received by the CBI, through a complaint or a "source information" under CBI manual, discloses the commission of a cognizable offence, it can directly register a Regular Case instead of conducting a Preliminary Enquiry (PE).
The Supreme Court held on Friday that Preliminary Enquiry (PE) is not mandatory before FIR registration by the CBI under the Code of Criminal Procedure or Prevention of Corruption Act or the investigative agency's manual and the accused cannot insist on it as a right.
The top court said that in case the information received by the CBI, through a complaint or a "source information" under CBI manual, discloses the commission of a cognizable offence, it can directly register a Regular Case instead of conducting a PE.
The top court also clarified in its 64-page verdict that if the CBI chooses not to hold a PE, the accused cannot demand it as a matter of right.
A bench of Justices DY Chandrachud, Vikram Nath and BV Nagarathna set aside a Telangana High Court order of February 11, 2020 quashing the FIR registered by CBI in disproportionate asset case against an 1992 batch IRS officer Vijayalakshmi and her husband Audimulapu Suresh, who is presently Andhra Pradesh Education Minister.
