VidhiSangh

Supreme Court of India · 20/05/2022

S.P. VELUMANI versus ARAPPOR IYAKKAM AND ORS.

[2022] 7 S.C.R. 1067 · 2022 INSC 623

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Summary

On a writ petition seeking an FIR against a former Tamil Nadu Minister for allegedly steering tenders to his aides, the Madras High Court ordered a preliminary enquiry by a Vigilance Superintendent of Police, whose sealed-cover report led the State to seek closure, saying no cognizable offence was found. After a change of government the State recanted, citing CAG reports, and registered an FIR under the IPC and the Prevention of Corruption Act. The High Court refused the Minister a copy of the report and closed the petition. The Supreme Court directed that the report and documents be supplied to him and restored the writ petition: the High Court had failed to peruse the report it had ordered and denied the appellant natural justice, and Section 207 CrPC is not etched in stone where the FIR stems from writ proceedings in which the State contradicted its own affidavit.

Issues

  1. Whether an accused is entitled, before cognizance and the stage of Section 207 CrPC, to a copy of a preliminary enquiry report obtained by the High Court in writ proceedings which had exonerated him and been accepted by the State, where the State later reversed its stand and registered an FIR.
  2. Whether the High Court could close the writ petition without perusing the enquiry report it had ordered, merely on the State's changed submissions, and whether the State may 'blow hot and cold' on the same material.

Provisions considered

Held

Result

Appeal disposed of; the Madras High Court's order of 08.11.2021 closing W.P. No. 34845 of 2018 set aside to the extent indicated; the High Court directed to furnish the appellant the preliminary enquiry report of the Superintendent of Police with the other documents; the writ petition and Crl.O.P. No. 23428 of 2018 restored for decision on merits, with liberty to the appellant to challenge FIR No. 16/2021 before the High Court.

Judgment PDF: Supreme Court of India, [2022] 7 S.C.R. 1067.