FIR In Corruption Cases To Be Registered After Preliminary Enquiry: Kerala High Court

This comes after the petitioner Jude Joseph, Vehicle Supervisor at the Vizhinjam KSRTC Depot, challenged the failure to register FIR based on his allegations of certain officials involving in grave financial misappropriation of public money in the internal audit of its accounts for 2012-2015.

Adv M.R. Sarin while appearing for the petitioner contended that the Police refused to register crime based on these complaints. The petition therefore sought a direction to the respondents to consider and dispose of the said complaints after conducting proper investigation.

While citing the landmark decision of Lalita Kumari v State of U.P [(2014) 4 2 SCC 1], the petitioner urged that the Police is bound to register an FIR, if the commission of a cognizable offence is disclosed in the complaint.

However, upon scrutiny of this Apex Court judgment, Justice V.G.Arun observed that corruption matters were listed under cases where preliminary enquiry may be conducted before registering an FIR. Since the complaints filed were under the Prevention of Corruption Act, the Court held that this decision does not support the argument advanced by the petitioner.

Moreover, the Court noted that the petitioner's failure to implead the officials against whom the allegations are raised weakens the case and acts as a deterrent from entertaining the writ petition.

During the course of arguments, it was also established a writ jurisdiction should not be invoked for directing the police to register FIR, and that alternative statutory remedies are available to the aggrieved complainant under CrPC.

As such, the petition was dismissed.

Title: Jude Joseph Vs Director General Of Police And Another