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.