Preliminary inquiry not mandatory before registering FIR in every case: Supreme Court

New Delhi: The Supreme Court has clarified that the landmark Lalita Kumari v Government of Uttar Pradesh (2014) judgment does not impose an absolute requirement for a preliminary inquiry before registering a First Information Report (FIR) in every case.

A bench comprising Justice Vikram Nath and Justice PB Varale made this observation while rejecting the bail plea of former Gujarat IAS officer Pradeep Nirankarnath Sharma in a 2023 illegal land allotment case filed at Bhuj in Kutch. Sharma had argued that FIRs could not be registered against him without a mandatory preliminary inquiry, citing the Lalita Kumari judgment.

The Court, however, ruled that the Lalita Kumari judgment only mandates a preliminary inquiry when the information received does not clearly disclose a cognizable offence. If the allegations prima facie reveal a cognizable offence, the police are obligated to register an FIR without conducting a preliminary inquiry.

“The scope of a preliminary inquiry, as clarified in Lalita Kumari, is limited to cases where the information does not prima facie disclose a cognizable offence but requires verification. However, when the information clearly points to a cognizable offence, the police have no discretion to delay or avoid registering an FIR,” the Court stated.

Rejecting Sharma’s plea, the Court said, “This Court cannot issue a blanket direction restraining the registration of FIRs against the appellant or mandating a preliminary inquiry in all future cases involving him. Such a direction would not only be contrary to the statutory framework of the CrPC but also amount to judicial overreach.”

Sharma had approached the Gujarat High Court claiming that successive FIRs were being filed against him with the intent to keep him behind bars despite securing bail in corruption cases. He argued that under the Lalita Kumari ruling, the police were obligated to conduct a preliminary inquiry before registering an FIR. However, the High Court ruled that the police must register an FIR when allegations disclose a cognizable offence.

Upholding the High Court’s decision, the Supreme Court reiterated that registration of an FIR under Section 154 of the Code of Criminal Procedure is mandatory when the allegations disclose a cognizable offence. It clarified that in cases involving abuse of official position and corrupt practices—like the charges against Sharma—there is no legal requirement for a preliminary inquiry before registering an FIR.

The Court also noted that Sharma has legal remedies, including seeking the quashing of frivolous FIRs under Section 482 CrPC and applying for bail. It held that the appellant's claim of being targeted through successive FIRs could be examined during the investigation and trial.
(With LiveLaw inputs.)