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Supreme Court of India 2018-05-18 allowed

State by Lokayuktha Police vs H. Srinivas

Bench: 2 — N.V. Ramana

In Brief

The State challenged a High Court order quashing FIRs against public servants in corruption cases on the ground that preliminary enquiries were conducted without entries in the Station Diary. The Supreme Court held that while preliminary enquiries in corruption cases are permissible and serve to prevent frivolous prosecutions against public servants, the absence of General Diary entries does not per se vitiate proceedings. The Court distinguished between procedural irregularities and substantive illegalities, ruling that procedural defects do not lead to automatic quashing unless grave prejudice is demonstrated at trial. Trial courts, not High Courts, are equipped to weigh such omissions on merits. The appeals were allowed and the High Court's order was set aside.

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Prevention of Corruption Criminal Procedure Police Powers FIR Registration Preliminary Inquiry Station Diary Writ Jurisdiction Illegal Search and Seizure Public Servants

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