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Supreme Court of India 2025-03-17 dismissed

PRADEEP NIRANKARNATH SHARMA vs STATE OF GUJARAT & ORS

Bench: 2 — Vikram Nath, Prasanna B. Varale

In Brief

A retired IAS officer sought a court order requiring police to conduct a preliminary inquiry before registering any FIR against him for alleged abuse of office and corruption in land allotments. The Supreme Court dismissed his appeal, upholding settled law that FIR registration is mandatory under Section 154 of the Criminal Procedure Code when allegations clearly disclose cognizable offences. Preliminary inquiry is only required when facts are unclear. The Court held that courts cannot impose blanket restrictions on FIR registration or mandate pre-FIR inquiries beyond statutory requirements, as this would constitute judicial overreach. The appellant remains entitled to pursue other legal remedies such as bail applications and challenges to frivolous prosecutions.

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Criminal Procedure First Information Report (FIR) Abuse of Official Position Corruption Preliminary Inquiry Cognizable Offences Judicial Review Fundamental Rights

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