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Home » Blog » PE not mandatory for CBI to file case: Supreme Court | India News – Times of India

PE not mandatory for CBI to file case: Supreme Court | India News – Times of India


NEW DELHI: The apex court on Friday ruled that it is not mandatory for CBI to hold preliminary enquiry (PE) before registering a case and held that if the information received by the agency discloses commission of a cognisable offence then it can directly register a regular case instead of conducting PE.
A bench of Justices D Y Chandrachud, Vikram Nath and B V Nagarathna set aside the order of the Telangana high court that an FIR could not be lodged without holding PE and revived criminal proceeding against YSR Congress leader Audimulapu Suresh and his wife T H Vijaya Lakshmi in a disproportionate assets case.
“…since the institution of a preliminary enquiry in cases of corruption is not made mandatory before the registration of an FIR under the CrPC, PC Act or even the CBI manual, for this court to issue a direction to that effect will be tantamount to stepping into the legislative domain. Hence, we hold that in case the information received by the CBI, through a complaint or a source information under Chapter 8, discloses the commission of a cognisable offence, it can directly register a regular case instead of conducting a PE.”





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