09/10/2021
Preliminary Enquiry By CBI In Corruption Cases Not Mandatory; Accused Cannot Demand It As Of Right: Supreme Court
"In case the information received by the CBI, through a complaint or a "source information" discloses the commission of a cognizable offence, it can directly register a Regular Case instead of conducting a Preliminary Enquiry, where the officer is satisfied that the information discloses the commission of a cognizable offence", the bench of Justices DY Chandrachud, Vikram Nath and BV Nagarathna observed.
Case name and Citation: Central Bureau of Investigation vs Thommandru Hannah Vijayalakshmi LL 2021 SC 551
Case no. and Date: CrA 1045 of 2021 | 8 October 2021
Coram: Justices DY Chandrachud, Vikram Nath and BV Nagarathna
Counsel: ASG Aishwarya Bhat for CBI, Sr. Adv Siddharth Luthra and Sr. Adv Siddharth Dave for respondents
"An FIR will not stand vitiated because a Preliminary Enquiry has not been conducted", the Court stated in the judgment.
