Corruption Case Against Public Servant Cannot be Quashed, Stating Absence of Preliminary Inquiry before FIR Registration: Supreme Court [Read Judgement]
The court observed that in matters of corruption, a preliminary enquiry, although desirable, is not mandatory
![Corruption Case Against Public Servant Cannot be Quashed, Stating Absence of Preliminary Inquiry before FIR Registration: Supreme Court [Read Judgement]](https://www.taxscan.in/wp-content/uploads/2025/04/Corruption-Case-Corruption-Case-Against-Public-Servant-Stating-Absence-of-Preliminary-Inquiry-Preliminary-Inquiry-taxscan.jpg "Corruption Case Against Public Servant Cannot be Quashed, Stating Absence of Preliminary Inquiry before FIR Registration: Supreme Court [Read Judgement]")
The Supreme Court reaffirmed that, under the Prevention of Corruption Act, 1988 ("PC Act"), a preliminary investigation is not a necessary step before filing a corruption complaint against a public official. It further stated that the mere fact that no preliminary investigation was carried out prior to the filing of the FIR does not exonerate a case against a public official. Read More:...
The Supreme Court reaffirmed that, under the Prevention of Corruption Act, 1988 ("PC Act"), a preliminary investigation is not a necessary step before filing a corruption complaint against a public official. It further stated that the mere fact that no preliminary investigation was carried out prior to the filing of the FIR does not exonerate a case against a public official.
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Before the Supreme Court, Sri Channakeshava.H.D. & Anr, the Appellant-State placing reliance on the recent case of State of Karnataka v. T.N Sudhakar Reddy, 2025 argued that once a detailed source report is there before the SP, explaining the reasons for initiation of proceedings and when details are given, a formal preliminary enquiry may not be necessary as all the relevant material is already there before the SP.
The court observed that in matters of corruption a preliminary enquiry although desirable, but is not mandatory. In a case where a superior officer, based on a detailed source report disclosing the commission of a cognizable offence, passes an order for registration of FIR, the requirement of preliminary enquiry can be relaxed.
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The bench comprising Justice Sudhanshu Dhulia and Justice K Vinod Chandran was hearing the State of Karnataka's appeal challenging the High Court's decision to quash the corruption case against the Respondent-accused. The High Court quashed the case solely because no preliminary enquiry was ordered by the Superintendent of Police before FIR registration against the public servant.
The court observed that drawing sustenance from the case of CBI v. Thommandru Hannah Vijayalakshmi, (2021) it was specifically stated that an accused public servant does not have any right to explain the alleged disproportionate assets before the filing of an FIR.While allowing the appeal, the bench set aside the impugned order.
To Read the full text of the Order CLICK HERE
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