Issuance Of Multiple Notices By Investigating Authority Does Not Falter Preliminary Inquiry: Karnataka High Court

A single judge bench of Justice Krishna S Dixit dismissed a petition filed by one M.Prakash, who questioned the action of police calling him for enquiry, short of investigation, without registering the offence.

The prosecution opposed the plea banking upon upon the observations made by the Apex Court in the case of Lalita Kumari v. State of UP, (2014) 2 SCC 1. In this case, the Top court held that registration of FIR is mandatory under Section 154 of CrPC if the information discloses commission of a cognizable offence. No preliminary inquiry is permissible in such a situation.

However, if the information received does not disclose a cognizable offence but indicates the necessity for an inquiry, a preliminary inquiry may be conducted only to ascertain whether cognizable offence is disclosed or not.

The Top Court had also clarified that the scope of preliminary inquiry is not to verify the veracity or otherwise of the information received but only to ascertain whether the information reveals any cognizable offence. Further, what type and in which cases preliminary inquiry is to be conducted will depend on the facts and circumstances of each case.

The Supreme Court had nevertheless cautioned that a preliminary inquiry should be made time bound and in any case it should not exceed 7 days. The fact of such delay and the causes of it must be reflected in the General Diary entry.

In this backdrop, the High Court observed:

"The power to hold preliminary enquiry is recognized by the Apex Court in the decision supra. However, the duration of preliminary enquiry depends upon the facts & circumstances of each case and ordinarily, that is in the domain of the investigating officer. Therefore, issuance of multiple notices is not a ground for faltering the enquiry in question."

Accordingly, the writ petition was disposed with a direction that the Police shall not unnecessarily harass or arrest the petitioner, in the guise of preliminary enquiry.

Case Title: M.PRAKASH v. THE SUPERINTENDENT OF POLICE

Case No: WRIT PETITION NO.15624 OF 2022

Citation: 2022 LiveLaw (Kar) 347

Date of Order: 24TH DAY OF AUGUST, 2022

Appearance: Advocate MUNIRAJU V for petitioner; AGA VINOD KUMAR M, for respondent