VidhiSangh

Supreme Court of India · 08/10/2021

BUREAU OF INVESTIGATION (CBI) AND ANR. versus THOMMANDRU HANNAH VIJAYALAKSHMI @ T. H. VIJAYALAKSHMI AND ANR.

[2021] 13 S.C.R. 364 · 2021 INSC 643

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Summary

The Court restored the disproportionate-assets FIR and permitted the CBI investigation to continue. A preliminary inquiry was not mandatory in every corruption case where the information already disclosed a cognizable offence. The High Court improperly treated filed tax returns and asset declarations as proof of their contents and resolved contested financial valuations while quashing the FIR. Those issues required investigation and evidentiary assessment. Territorial jurisdiction, State-consent and Speaker-consent questions were expressly left open.

Issues

  1. Whether a preliminary inquiry was invariably required before registering a corruption FIR.
  2. Whether disputed financial declarations and valuations justified quashing this disproportionate-assets FIR.

Provisions considered

Held

Result

Appeal allowed; High Court judgment quashing the FIR and consequential proceedings set aside. CBI permitted to continue the investigation; reserved jurisdiction and consent issues left open.

Judgment PDF: Supreme Court of India, [2021] 13 S.C.R. 364.