Prima facie cognizable offence can still justify FIR registration despite internal scrutiny or proposed open inquiry.

Credible material that prima facie discloses a cognizable offence can justify a writ direction to register an FIR against public officials, even where internal scrutiny has been undertaken or an open inquiry has been suggested. The article notes that prolonged inaction in securing State property, together with complaints and official correspondence indicating possible corruption and penal law violations, supported police registration of the FIR, and that administrative hesitation or an alternative inquiry route did not bar such relief.

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Issues: Whether the material placed before the Court disclosed a cognizable offence justifying a direction to register an FIR against the concerned public officials, despite reliance on internal scrutiny and the suggestion of an open inquiry under the corruption law.

Analysis: The complaint, the information furnished under the transparency regime, and the correspondence on record showed that a substantial surplus built-up area earmarked for surrender under the redevelopment scheme had not been recovered for years. The Court found that the concerned authorities had failed to take effective steps to secure the State property and that the explanation offered by the respondents did not satisfactorily account for the prolonged inaction. The Court also noted that senior police officers had themselves expressed the view that the complaint prima facie suggested offences under corruption and penal laws. In that setting, the absence of approval for open inquiry did not justify refusal to register an FIR where the information already disclosed a cognizable offence.

Conclusion: The material on record disclosed a cognizable offence and the police authorities were directed to register the FIR within the stipulated time.

Ratio Decidendi: Where credible material prima facie discloses a cognizable offence, administrative hesitation, proposed inquiry, or the availability of an alternate remedy does not preclude a direction to register an FIR under writ jurisdiction.

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