Appeal
Appeal against dismissal of writ petition seeking direction to conduct preliminary inquiry before registering FIR
2. The present appeal has been filed challenging the judgment and order dated 31.01.2024 passed by the High Court of Gujarat in R/Special Criminal Application (Direction) No. 1321 of 2024, whereby the High Court dismissed the appellant’s plea seeking a writ of mandamus directing the respondent authorities to conduct a preliminary inquiry before registering any First Information Report against him for acts performed in his official capacity.
Appellant was working as IAS and facing trials before several courts regarding alleged irregularities in land allotment orders
3. The facts leading to the present appeal are that the appellant is a retired Indian Administrative Service (IAS) officer who served in various administrative capacities, including as the Collector of Kachchh District, Gujarat, between 2003 and 2006. Several FIRs have been registered against the appellant in connection with alleged irregularities in land allotment orders passed during his tenure as the Collector. The allegations against the appellant primarily pertain to abuse of official position, corrupt practices, and financial irregularities in the allotment of government land. It is pertinent to note that the first FIR in this regard was registered in 2010, followed by successive FIRs lodged against the appellant. The appellant has remained in judicial custody over the course of this period in connection with these cases, and trials are ongoing before competent Courts.
Appellant filed writ petitions aggrieved by registration of multiple firs
4. Aggrieved by the registration of multiple FIRs, the appellant approached the High Court of Gujarat by way of a writ petition under Articles 14, 20, 21, 22, and 226 of the Constitution of India. The primary relief sought in the writ petition was for the issuance of a writ of mandamus or any other appropriate writ, order, or direction, directing the respondent authorities to conduct a preliminary inquiry before registering any further FIRs against him. The appellant contended that his Fundamental Rights, particularly his right to liberty under Article 21, were being violated due to successive and arbitrary registration of criminal cases without conducting a preliminary inquiry. He further contended that these FIRs were lodged with an ulterior motive to harass him and prevent him from effectively defending himself in the pending cases. In support of his submissions, the appellant placed reliance on the judgment of this Hon’ble Court in Lalita Kumari v. Government of Uttar Pradesh & Ors., to argue that the registration of an FIR should be preceded by a preliminary inquiry in cases involving allegations of abuse of official position.
State opposed the writ petition
5. The State of Gujarat, opposing the petition, argued before the High Court that the relief sought by the appellant was legally untenable. It was contended that under the settled position of law, once information regarding the commission of a cognizable offence is received, the police authorities are dutybound to register an FIR under Section 154 of the Code of Criminal Procedure, 1973. 3 The State further argued that granting the appellant’s request for a mandatory preliminary inquiry would amount to granting him a blanket protection against investigation, which is impermissible under law. The State also submitted that the appellant’s reliance on Lalita Kumari (supra) was misplaced, as the judgment itself clarified that preliminary inquiry is required only in limited categories of cases, such as family disputes, commercial matters, and medical negligence cases, and not where clear allegations of cognizable offences exist.
Hon’ble High Court dismissed the writ petition stating once cognizable offence is disclosed police authorities are under statutory obligation to register FIR
6. The High Court, after hearing both parties, dismissed the appellant’s writ petition. The High Court held that once a cognizable offence is disclosed in the complaint, the police authorities are under a statutory obligation to register an FIR and conduct an investigation. Relying on the principles laid down in Lalita Kumari (supra), the High Court observed that a preliminary inquiry is warranted only in cases where there is doubt as to whether a cognizable offence is disclosed. However, in the present case, where clear allegations of corruption and abuse of official position have been made against the appellant, the police authorities have no discretion to withhold the registration of an FIR. The High Court further observed that granting a blanket direction for a preliminary inquiry in all cases involving the appellant would amount to judicial legislation, which is impermissible. The High Court noted that the CrPC does not provide for an opportunity of explanation to an accused prior to the registration of an FIR. In view of these findings, the High Court dismissed the writ petition, holding that the appellant had failed to make out a case for the interference prayed for.
Analysis
Analysing Lalita Kumari constitution bench case
11. We have carefully considered the submissions of the appellant and perused the records. The legal position regarding the registration of FIRs in cases of cognizable offences is well settled. This Court, in Lalita Kumari (supra), has categorically held that the registration of an FIR is mandatory under Section 154 CrPC if the information discloses the commission of a cognizable offence. The relevant paragraphs from the judgment of this Court in Lalita Kumari (supra) are reproduced below:
“114. It is true that a delicate balance has to be maintained between the interest of the society and protecting the liberty of an individual. As already discussed above, there are already sufficient safeguards provided in the Code which duly protect the liberty of an individual in case of registration of false FIR. At the same time, Section 154 was drafted keeping in mind the interest of the victim and the society. Therefore, we are of the cogent view that mandatory registration of FIRs under Section 154 of the Code will not be in contravention of Article 21 of the Constitution as purported by various counsel.
Exceptions
115. Although, we, in unequivocal terms, hold that Section 154 of the Code postulates the mandatory registration of FIRs on receipt of all cognizable offences, yet, there may be instances where preliminary inquiry may be required owing to the change in genesis and novelty of crimes with the passage of time. One such instance is in the case of allegations relating to medical negligence on the part of doctors. It will be unfair and inequitable to prosecute a medical professional only on the basis of the allegations in the complaint.
Conclusion/Directions
120. In view of the aforesaid discussion, we hold:
120.1. The registration of FIR is mandatory under Section 154 of the Code, if the information discloses commission of a cognizable offence and no preliminary inquiry is permissible in such a situation.
120.2. If the information received does not disclose a cognizable offence but indicates the necessity for an inquiry, a preliminary inquiry may be conducted only to ascertain whether cognizable offence is disclosed or not.
120.3. If the inquiry discloses the commission of a cognizable offence, the FIR must be registered. In cases where preliminary inquiry ends in closing the complaint, a copy of the entry of such closure must be supplied to the first informant forthwith and not later than one week. It must disclose reasons in brief for closing the complaint and not proceeding further.” [Emphasis supplied]
Scope of preliminary inquiry is classified in limited situations only in Lalita Kumari (supra)
12. The scope of a preliminary inquiry, as clarified in the said judgment, 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. The decision in Lalita Kumari (supra) does not create an absolute rule that a preliminary inquiry must be conducted in every case before the registration of an FIR. Rather, it reaffirms the settled principle that the police authorities are obligated to register an FIR when the information received prima facie discloses a cognizable offence.
Allegation against appellant was regarding abuse of official position and corrupt practices while holding public office and such allegation fall squarely within the category of cognizable offence
13. In the present case, the allegations against the appellant pertain to the abuse of official position and corrupt practices while holding public office. Such allegations fall squarely within the category of cognizable offences, and there exists no legal requirement for a preliminary inquiry before the registration of an FIR in such cases. The appellant’s contention that successive FIRs have been registered against him with an ulterior motive is a matter that can be examined during the course of investigation and trial. The appellant has adequate remedies under the law, including the right to seek quashing of frivolous FIRs under Section 482 CrPC, the right to apply for bail, and the right to challenge any illegal actions of the investigating authorities before the appropriate forum.
Apex court cannot issue blanket direction restraining registration of fir against appellant
14. Further, this Court cannot issue a blanket direction restraining the registration of FIRs against the appellant or mandating a preliminary inquiry in all future cases involving him. Such a direction would not only be contrary to the statutory framework of the CrPC but would also amount to judicial overreach. As rightly observed by the High Court, courts cannot rewrite statutory provisions or introduce additional procedural safeguards that are not contemplated by law.
15. In view of the foregoing discussion, we find no merit in the present appeal. Accordingly, the same is dismissed. However, it is clarified that this order shall not preclude the appellant from availing any other remedies available to him under the law in respect of the pending FIRs or future proceedings.
Judgments Cited or Relied Upon
- Lalita Kumari v. Government of Uttar Pradesh & Ors – Citation: (2014) 2 SCC 1
Party
Pradeep Nirankarnath Sharma (Petitioner) v. State of Gujarat & Ors. (Respondents) – Criminal Appeal No. 1313 2025 (Arising out of SLP(Crl.) No.3154 of 2024) – 2025 INSC 350 – March 17, 2025 – Vikram Nath, J. and Prasanna B. Varale, J.
