The Supreme Court held that a preliminary enquiry in corruption cases, while desirable, is not mandatory under the Prevention of Corruption Act, 1988.
The Court was hearing appeals against a Karnataka High Court decision which had quashed an FIR against Sri Channakeshava H.D., a public servant accused of corruption. The High Court noted that the Superintendent of Police had not conducted a preliminary enquiry before approving the investigation and hence there was no application of mind.
Relying on Lalita Kumari v Government of Uttar Pradesh (2014), P. Sirajuddin v State of Madras (1970) and State of Karnataka v T.N. Sudhakar Reddy (2025), the Supreme Court clarified that while preliminary enquiries may be advisable in corruption cases, they are not mandatory unless specified by law. The Court found the approval granted to the FIR by the Superintendent of Police valid. The Court reiterated that an accused public servant has no inherent right to be heard before registration of an FIR.
State of Karnataka v Sri Channakeshava H.D.
8 April 2025
Citations: 2025 INSC 471 | 2025 SCO.LR 4(8)
Bench: Sudhanshu Dhulia and K.V. Chandran
Case Comment:
In State of Karnataka v. Sri Channakeshava. H.D. (April 8, 2025), the Supreme Court of India ruled that a preliminary inquiry is not a mandatory requirement under the Prevention of Corruption Act (PC Act) for initiating a First Information Report (FIR) against a public servant. The court emphasized that the existence of credible material, such as a source report, considered by a competent officer like the Superintendent of Police, is sufficient to justify registering a case.
Key words/phrases: Prevention of Corruption Act, 1988—registration of FIR—corruption—public servant—preliminary enquiry not mandatory—accused has no inherent right to be heard
Read the Judgement here.
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