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CBI vested with powers to directly register case, preliminary probe not mandatory, says SC

The top court emphasized that the CBI can register cases directly upon receiving credible information and added that there cannot be a judicial directive.

SNS | New Delhi |

The Supreme Court on Friday ruled that the CBI can directly register a case in a cognizable offence and it is not mandatory for the investigating agency to conduct a preliminary probe before registering the case.

A bench headed by Justice D Y Chandrachud noted that since the institution of preliminary enquiry (PE) is not mandatory under CrPC, therefore to issue a direction will be stepping on the legislative domain.

If the CBI decides not to conduct a preliminary inquiry, then the accused cannot demand it as a matter of right, Justice Chandrachud said while delivering a judgment.

The top court emphasized that the CBI can register cases directly upon receiving credible information and added that there cannot be a judicial directive to conduct a preliminary enquiry in every case of corruption. The bench, however, added that it will be open to CBI to carry out PE in appropriate cases.