The
Supreme Court has held that a preliminary inquiry is not mandatory before
registering an FIR against a public servant under the Prevention of Corruption
Act. It further clarified that an accused does not have a vested right to
demand a preliminary inquiry before the registration of an FIR in corruption
cases.
Key Observations
The Court
emphasized that while a preliminary inquiry may be desirable in certain cases,
including those under the Prevention of Corruption Act (PC Act), it is neither
a legal prerequisite nor an absolute right of the accused.
"It is perspicuous that conducting a
preliminary inquiry is not sine qua non for registering a case against a public
servant accused of corruption. While it may be desirable in certain cases, it
is neither a vested right of the accused nor a mandatory pre-requisite for FIR
registration," the
Court observed.
Although
a preliminary inquiry is not obligatory when the information discloses a
cognizable offence, the Court noted that investigative agencies may conduct one
in specific circumstances to determine whether an offence is indeed cognizable.
