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Supreme Court of India 2021-10-08 allowed

Central Bureau of Investigation (CBI) and Anr vs Thommandru Hannah Vijayalakshmi @ T. H. Vijayalakshmi and Anr

Bench: 3 — Dhananjaya Y Chandrachud, Vikram Nath, B V Nagarathna

In Brief

A Commissioner of Income Tax and her spouse (an MLA and Minister) were accused of possessing disproportionate assets under the Prevention of Corruption Act. The CBI registered an FIR without conducting a preliminary enquiry. The High Court quashed the FIR after scrutinizing individual allegations and comparing the CBI's calculations with the respondents' documents. The Supreme Court held that a preliminary enquiry is not mandatory before registering an FIR in corruption cases, and the High Court erred in conducting a mini-trial while deciding the quashing petition. The Court emphasised that the High Court's role is limited to ascertaining whether the FIR prima facie discloses a cognizable offence—not evaluating evidence or merits. The appeal was allowed and the FIR was restored for investigation to continue."

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Criminal Law Anti-Corruption Preliminary Enquiry Prevention of Corruption Act Disproportionate Assets FIR Quashing Criminal Procedure Public Servants

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