In Brief
A senior Cabinet Minister in Tamil Nadu was accused of misusing ministerial powers in tender awards. Following a private complaint, a writ petition sought mandamus to register an FIR. The High Court appointed an investigation officer who submitted a report concluding no cognizable offence was made out, which the State initially accepted. When the government changed, the State reversed its position and registered an FIR based on CAG observations. The Supreme Court held that in such cases of judicial interference and governmental about-face, rigid adherence to Section 207 CrPC cannot deny the accused access to the preliminary report. Fair trial rights and natural justice require disclosure when no privilege is claimed and the FIR stems from prior judicial proceedings.
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