Mandatory FIR registration after cognizable offence disclosure; discreet verification in a corruption case did not invalidate the complaint.

Where a complaint discloses a cognizable offence, FIR registration is mandatory under Section 154(1) CrPC, and a limited preliminary inquiry in a corruption matter is permissible only to verify whether such an offence is disclosed. The Karnataka HC treated the pre-registration use of a spy camera as discreet verification, not an impermissible investigation, because the written complaint and supporting materials already disclosed a cognizable offence. It also noted that alleged investigative irregularities and the availability of an alternate remedy before the trial court did not justify quashing the FIR in inherent jurisdiction. The request to quash was therefore rejected.

---

---

Issues: Whether the FIR registered against the petitioner for offences under the Prevention of Corruption Act was liable to be quashed on the ground that a spy camera was handed over and a discreet inquiry was undertaken before registration of the FIR.

Analysis: Section 154(1) of the Code of Criminal Procedure, 1973 makes registration of FIR mandatory where the information discloses a cognizable offence. The rule in Lalita Kumari permits a preliminary inquiry in specified categories, including corruption cases, only to ascertain whether a cognizable offence is disclosed. On the facts, the written complaint and supporting materials disclosed a cognizable offence, and the pre-registration use of the spy camera was treated as part of discreet verification rather than impermissible investigation. The Court also noted that the petitioner had an alternate remedy before the trial court and that the alleged irregularities in investigation did not justify quashing the FIR in the exercise of inherent jurisdiction.

Conclusion: The FIR was held to be valid and the request to quash it was rejected.

Ratio Decidendi: Where a complaint discloses a cognizable offence, FIR registration is mandatory, and a limited preliminary inquiry or discreet verification in a corruption matter does not vitiate the FIR unless prejudice or illegality affecting the foundation of the prosecution is shown.

---