In Brief
The State of Jammu & Kashmir appealed against the High Court's order quashing an FIR alleging corruption in procurement of medical kits. The High Court had quashed proceedings on grounds of: (1) invalid investigation authorization lacking reasoned order; (2) missing Magistrate sanction under Section 155 J&K Cr.P.C.; (3) ultra vires preliminary enquiry rule; and (4) lack of joint conspiracy proof. The Supreme Court allowed the State's appeal, holding: (1) Section 3 of J&K PC Act 2006 does not mandate reasons for authorization if application of mind is evident; (2) cognizable offences under the Prevention of Corruption Act do not require Magistrate sanction merely because conspiracy is also charged; (3) preliminary enquiry to establish prima facie case before FIR is valid and not ultra vires; and (4) individual accused need not establish vicarious liability when directly charged.
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