New Delhi, Apr 15: The Supreme Court has held that there is no requirement for a preliminary inquiry to be conducted before the registration of an FIR when allegations squarely fall within the category of cognizable offences.
The Court upheld the decision of the Gujarat High Court whereby the Petitioner’s plea seeking a Writ of Mandamus directing the Respondent authorities to conduct a preliminary inquiry before registering any FIR against him for acts performed in his official capacity was dismissed.
A Bench of Justice Vikram Nath and Justice Prasanna B Varale held that, “The scope of a preliminary inquiry…is limited to situations where the information received does not prima facie disclose a cognizable offence but requires verification. However, in cases where the information clearly discloses a cognizable offence, the police have no discretion to conduct a preliminary inquiry before registering an FIR.”
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