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2013 (1) TMI 966 - SUPREME COURTQuashing of FIR filled under sec 482 of crpc-Prevention of Corruption Act, 1988-CBI Manual 2005 - The Appellant registered a case against the Respondent (Revenue officer) U/s 120B read with Sections 420, 467, 468 and 471, Indian Penal Code, read with Section 13(2) and 13(1)(d) of the Prevention of Corruption Act, 1988. The Respondent had challenged the said FIR registered against him and sought for quashing of the same. - HC quashed the FIR. HELD THAT Not complying with the mandatory procedure Under Section 154 does not vitiate the registration of FIR the clarification made by this Court regarding the provisions of Section 154, 156 and 157, Code of Criminal Procedure in the case of State of U.P. v. Bhagwant Kishore Joshi [1963 (4) TMI 74 - SUPREME COURT] upon which rightly placed reliance in justification of the procedure followed by CBI regarding the registration of FIR the same is traceable to the procedure laid down in the Crime Manual 2005, which has been prepared by the CBI for registration of cases under the Delhi Special Police Establishment Act. Therefore, non compliance of the mandatory provisions Under Section 154, Code of Criminal Procedure if the case is registered on the basis of the information received suo-motu after specifying that the information reveals prima facie cognizable offence against the Respondent herein and found that the matter is fit for investigation to be taken by the Appellant herein, in not following the provisions of Section 154 does not vitiate the registration of FIR and further proceedings in the matter of registration. further there is no need for this Court to await the larger Bench decision on the issue in the case in Lalita Kumari v. State of U.P. 2013 (11) TMI 1520 - SUPREME COURT. Accordingly, the appeal is allowed, the impugned order is hereby set aside. It is open for the CBI to proceed further in the matter to conduct investigation and proceed in accordance with law against the Respondent.
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