Preliminary Inquiry in cases of Corruption cases

S. 154 - Preliminary Inquiry in cases of Corruption cases  Hon’ble Apex Court held that it is not mandatory before registration of FIR under Cr.P.C. that preliminary inquiry is not required. It was also held that preliminary inquiry before registration of FIR is even not required under Prevention of Corruption Act or CBI Manual. In case information is received by CBI through a complaint or a source, information discloses commission of cognizable offence it can directly register a regular case instead of conduction a preliminary inquiry. It was also held that said formulation does not take away from the value of conducting a preliminary inquiry in an appropriate case. It was also held while discussing on the issue of quashing of FIR in the case under Prevention of Corruption Act that High Court while quashing FIR conducted a mini trial to absolve accused persons. Thus, the order of High Court quashing FIR, was set aside. 

Case Law:

Central Bureau of Investigation (CBI) and another v. Thommandru Hannah Vijayalakshmi alias T.H. Vijayalakshmi and another, 

Citation:

2022 Cri.L.J. 168 : 

AIR Online 2021 SC 869.