Prevention of Corruption Act 1988 – s.13(2) r/w s.13(1)(e) –
Penal Code, 1860 – s.109 – Central Bureau of Investigation (Crime)
Manual 2005 – Constitution of India – Article 226 – Code of
Criminal Procedure, 1973 – s.482 – Corruption cases – Preliminary
enquiry if mandatory before registering an FIR – FIR registered
against first respondent, Commissioner of Income Tax on the basis
of “source information” for allegedly possessing assets
disproportionate to her known sources of income – Second
respondent, her husband is alleged to have abetted the offence –
FIR quashed by High Court inter alia holding that the appellant
should have conducted a Preliminary Enquiry before registration
of the FIR – On appeal, held: 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 – In
case the information received by the CBI, through a complaint or a
“source information” under Chapter 8, discloses the commission
of a cognizable offence, it can directly register a Regular Case
instead of conducting a Preliminary Enquiry – This does not take
away from the value of conducting a Preliminary Enquiry in an
appropriate case – High Court should have only considered whether
the contents of the FIR as they stand, prima facie make out a
cognizable offence instead of conducting a mini-trial – Documents
relied upon by the respondents cannot form the basis of quashing
the FIR as the value and weight to be ascribed to the documents is
a matter of trial – Impugned judgment of High Court set aside –
Appellant can continue with investigation based upon the FIR –
Delhi Special Police Establishment Act, 1946 – s.6.Constitution of India – Article 226 – Code of Criminal
Procedure, 1973 – s.482 – Quashing of FIR – Review by High Court
– Scope of – Discussed.