The Supreme Court ruled that a preliminary inquiry is not mandatory for every case under the Prevention of Corruption Act and not a right of the accused.
The Supreme Court heard an appeal against the Karnataka High Court's quashing of an FIR against a public servant in a disproportionate assets case.
FIR, registered by Karnataka Lokayukta Police under the Prevention of Corruption Act, 1988, was challenged over the necessity of a preliminary inquiry. Karnataka argued that a source information report suffices if it discloses a cognizable offense.
Accordingly, the Court set aside the High Court’s decision and restored the FIR against the respondent.
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