STATE REPRESENTED BY INSPECTOR Vs. N.S. GNANESWARAN

JUDGEMENT

(1.) This appeal is directed against the order dated 25th November, 2003 passed by the High Court of Judicature at Madras in Crl.M.P.No.2302 of 2003 filed under Section 482 of Criminal Procedure Code, (hereinafter referred to as 'Cr.P.C.'), for quashing the FIR in Cr.No.RC MAI 2002A 0052 dated 11.10.2002 urging various legal contentions.

(2.) For the purpose of appreciating the rival legal contentions urged on behalf of the parties the brief facts are stated hereunder. The appellant herein registered a case against the respondent under Section 120B read with Sections 420, 467, 468 and 471, Indian Penal Code, read with Section 13(2) and 13(1)(d) of the Prevention of Corruption Act, 1988. The respondent had challenged the said FIR registered against him and sought for quashing of the same. The principal legal contention urged before the High Court in the Cr.M.P. filed under Section 482 of Cr.P.C. to quash the FIR proceedings is that sub-section (2) of Section 154, Cr.P.C. contemplate that a copy of such information recorded shall be issued forthwith, free of cost to the informant, is a mandatory requirement. On the basis of the said legal contention the respondent has sought for quashing the same. The said legal contention is accepted by the High Court and recorded a finding on the basis of the perusal of the information sought to have been received by the appellant herein is bald in the sense that application under Section 154, Cr.PC. has no place nor could it be said that the case has been registered in accordance with law. Therefore, it came to the conclusion that it is not a case registered in accordance with law and such a case is registered, deviating from the procedure contemplated under Section 154, Cr.P.C. The same is bereft of the force of law and the same is non-est in law and for this reason the High Court has quashed the FIR. The correctness of the said findings assigned by the learned Judge is under challenge in this appeal raising the following issues:-- I) Whether the High Court in the facts and circumstances of the case was justified in allowing the petition under Section 482, Cr.P.C.

(3.) In support of the said issues, the learned senior counsel Mr.K. Radhakrishnan, appearing on behalf of the Appellant, has placed strong reliance upon the CBI (Crime) Manual of 2005 -- Chapter 8 regarding registration of Complaints and Source of Information, which Manual has been prepared as per the observations made by a larger Bench decision of this Court in the case of Vineet Narain & Ors. vs. Union of India & Anr., 1998 1 SCC 226. The learned senior counsel has invited our attention to paras 8.26 and 8.27 which provisions state that collection of source of information must be submitted in writing giving all available details of specific acts of omissions and commissions and copies of documents collected discreetly. The verification of SIRs must begin only after the competent authority has approved its registration. At this stage regular SIR number will be assigned to the SIR which will also be entered in the Source of information sub-module of CRIMES Module with all other details. As per para 8.28, the SIR may be classified as SECRET. These files must be maintained by the S.P. in his office. In view of the aforesaid procedure required to be followed by the appellant herein as per the CBI Manual, which is in conformity with the observations made by the decision of this Court such procedure is required to be followed by the appellant Investigating Agency. Therefore, the learned senior counsel submits that the procedure as contemplated under Section 154, Cr.P.C. is not required to be followed. Learned senior counsel has also placed reliance upon Chapter 10 regarding registration of FIR. Para 10.1 provides for the procedure required to be followed for registration of FIR which states that on receipt of a complaint or after verification of information or on completion of a Preliminary Enquiry taken up by CBI if, it is revealed that prima facie a cognizable offence has been committed by a person and the matter is fit for investigation to be undertaken by CBI, a First Information Report should be recorded under Section 154, Cr.P.C. and investigation shall be taken up. While considering the registration of an FIR, it should be ensured that at least the main offence(s) have been notified under Section 3 of the Delhi Special Police Establishment Act, 1946. Para 10.2 further provides that while registering an FIR the legal requirements of section 154, Cr.P.C. should be fully complied with. Further learned senior counsel has placed reliance upon the plethora of judgments of this Court in justification of the appeal to set aside the impugned order passed by the High Court and placed strong reliance upon the judgment of this Court in the case of State, represented by Inspector of Police Vigilance and Anti Corruption, Tiruchirapalli, Tamil Nadu vs. V.Jayapaul, 2004 AIR(SC) 2684 wherein the this Court after referring to the earlier decisions rendered in Bhagwan Singh vs. State of Rajasthan, 1976 AIR(SC) 985 and Megha Singh vs. State of Haryana, 1995 AIR(SC) 2339 and after interpreting Sections 153, 154, 156, 157 of Cr.P.C. regarding investigation of cognizable offence(s) the Police Officer who recorded the FIR on the basis of information received, registered suspected crime, is competent to take up investigation and submit his final report. It is not open for the accused or the person against whom the case is registered to allege bias or prejudice to be inferred for quashing the proceedings. In paragraph 4 of the aforesaid judgment, strong reliance has been placed in support of the conclusion that there is nothing in the provision of Cr.P.C. which precludes the Inspector of Police, Vigilance from taking up the investigation if Police Officer prepares the FIR on the basis of the information received by him and registered the suspected crime does not in our view, disqualify him from taking up the investigation of the cognizable offence. A suo-motu move on the part of the Police Officer to investigate a cognizable offence impelled by the information received from some sources is not outside the purview of the provisions contained in Section 154 to 157 of the Code or any other provisions of the Code. The said observations are made by this Court with reference to the scheme of the aforesaid provisions which were clarified by this Court in the case of State of U.P. vs. Bhagwant Kishore Joshi, 1964 AIR(SC) 221. The learned senior counsel has also placed reliance upon three judge bench decision of this Court in Lalita Kumari vs. State of U.P., 2012 4 SCC 1 ]. In support of his legal contention he has urged that the said decision is not applicable to the fact situation therefore this Court need not await the decision of the larger Bench of this Court on the legal question referred to in that case. Therefore, he has urged this Court to allow the appeal by setting aside the impugned order of the High Court. The learned senior counsel has placed reliance on various catena of decisions of this Court which we do not propose to refer to the same in view of the decision of this Court in the case of State, rep.by Inspector of Police, Vigilance and Anti-Corruption, Tiruchirapalli .