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Supreme Court of India 2025-09-10 partly_allowed

VINOD KUMAR PANDEY & ANR vs SEESH RAM SAINI & ORS

Bench: 2 — Pankaj Mithal, Prasanna B. Varale

In Brief

The Supreme Court upheld the Delhi High Court's direction to register FIRs against two former CBI officers—Inspector Vinod Kumar Pandey and Joint Director Neeraj Kumar—accused of irregularities and abuse of power during a 2000 investigation. The Court rejected arguments that a preliminary CBI inquiry concluding no offences were made out could bar FIR registration. It held that when allegations disclose prima facie cognizable offences, the High Court can direct registration of an FIR. The Court modified the investigation to be conducted by Delhi Police (not its Special Cell) within three months, emphasizing that those who investigate must also be investigated to maintain public faith in the system. Cooperating officers would be protected from arrest unless custodial interrogation became necessary."

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Criminal Procedure Abuse of Authority Public Servants FIR Registration Investigation High Court Jurisdiction Section 482 CrPC Central Bureau of Investigation Rule of Law

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