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N.K.Assumi (Advocate)     30 January 2010

Vigilance or CBI Investigation without case Registration?

If the Hon'ble High Court gives direction  to CBI or the Vigilance for investigation in a writ petition filed for fraud and forgery, should the CBI or the Vigilance investigate the case without a case being Registered? 


 6 Replies

Arvind Singh Chauhan (advocate)     31 January 2010

Sir I think they can't investigate without registering the case.

N.K.Assumi (Advocate)     31 January 2010

Arvind, thank you for the response: Consider this: The Honorable High Court direct CBI or Vigilance investigation of criminal Offence it means the Honorable High Court is directing the CBI or the Vigilance to registered a csae and to investigate the criminal acts. Bu the CBI or Vigilance automatically started investigation and recording statemewnts of several persons without registering any criminal case: Is this the manner of our CBI or the Vigilance to conduct criminal investigations? In such case what would be the evidentary value of such statements?

Feroz M Shafeeque (Police Officer)     01 February 2010

In cases of offences coming under Prevention of Corruption Act, 1988, Vigilance or CBI can conduct a preliminary enquiry before registering FIR.


The Supreme Court in its judgement in the case P. Sirajudeen vs State of Madras (1970) has told that, before accusing corruption charge on the people who are in government posts, necessay care should be taken and enquire properly. Only then F.I.R. should be registered.


When CMP is filed before Viglance or CBI Judge(who are empowered magisterial powers too
), it will be sent to the investigating agency either to investigate as per 156(3) or directs the agency to conduct a preliminary enquiry. Some times court also conducts preliminary enquiry directly by obtaining report from concerned departments of Government.


Even if it is sent under Sec 156(3), sometimes the agencies conduct a preliminary enquiry without registering FIR. If the allegations are found baseless, a report is filed before the judge and generally court accepts the report eventhough FIR is not registered.



S.B.adil rahman (Legal Consultant )     01 February 2010

There is no scope for Inquiry by any agency when an allegation of corruption or cognizable offence is levelled. FIR should be lodged and if the investigation reveales that there is no ground for proceeding with the investigation, it may be dropped under section 157 CrPC. Police or CBI or Vigilance have no lawful authority to inquire.Inquiry by police can only be done under section 174 CrPC. However, if there is the direction of a Magistrate and not Judge to enquire in to complaint under section 190 CrPC then he may seek a report from police after inquiry on his behalf. Cases under P.C.Act are cog cases and hence only investigation can be made. Secret enquiry is made some times but that is not placed on record and the copy of such report is never supplied to the accused. This is done to prove the legality of the investigation.

Feroz M Shafeeque (Police Officer)     01 February 2010

Adil is right to an extent. In the matter of corruption cases if the complaint is with sufficient evidence to prove the commission of cognizable offence, the registration of FIR is mandatory. Otherwise preliminary enquiry can be conducted as per Supreme Court ruling I cited in the previous post.

Look the following link and article from CBI site for more details.

tamilnadu vac




Attached File : 44 44 preliminaryenquiry.pdf downloaded: 225 times


i do agree with Mr Adil.

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