Supreme Court Directs CBI to Register Case After Preliminary Enquiry Reveals Cognizable Offence

Court instructs CBI to proceed with investigation, handing over the enquiry report to Amicus Curiae

In a significant development, the Supreme Court of India has directed the Central Bureau of Investigation (CBI) to register a case following the findings of a preliminary enquiry that revealed a cognizable offence. The directive came in the matter of Himanshu Singh v. Union of India, where the Court was informed by the Additional Solicitor General of India about the completion of the preliminary enquiry conducted by the CBI.

The inquiry was carried out in accordance with previous directions issued by the Court, which aimed to ensure thorough investigation into the allegations presented. The CBI's findings indicated sufficient grounds for the registration of a case, prompting the Supreme Court to instruct the CBI to proceed under the appropriate provisions of the law.

The Court has mandated that the investigation continue, with the preliminary enquiry report being handed over to the Amicus Curiae after the completion of search and seizure operations. This move is aimed at enabling the Amicus Curiae to assist the Court effectively on the upcoming hearing date scheduled for October 16, 2025.

The bench comprising Hon'ble Justice Surya Kant, Justice Ujjal Bhuyan, and Justice Nongmeikapam Kotiswar Singh, underscored the importance of a thorough investigation and expressed their commitment to ensuring justice is served in accordance with legal protocols.

The petitioners in this case, represented by Advocates Akshay Srivastava, Gaurav Goel, and Vijay K. Jain, have been actively pursuing the matter against the Union of India, seeking accountability and transparency in the investigation process. The respondents, represented by Additional Solicitor General Ms. Aishwarya Bhati along with a team of advocates, have been engaged in presenting the government's stance on the matter.

The Supreme Court's decision reflects its ongoing efforts to uphold the integrity of the legal process, ensuring that investigations are conducted impartially and lead to appropriate legal actions.

Bottom Line:

CBI directed to register a case under appropriate provisions of law after preliminary enquiry reveals a cognizable offence.

Statutory provision(s): Criminal Procedure Code, 1973

Himanshu Singh v. Union of India, (SC) : Law Finder Doc Id # 2783130