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2016 (2) TMI 1366 - KARNATAKA HIGH COURTPreliminary Investigation - Whether conversation of the accused recorded in support of the allegation for the offence under the Prevention of Corruption Act, prior to registration of FIR amounts to preliminary enquiry or investigation? HELD THAT:- The registration of FIR is sine-quo-non for proceeding with the investigation of a case, otherwise investigation becomes illegal and is in violation of mandatory provision of Section 154 as held by Division Bench ruling of this Court in Sri Girishchandra and Another vs. State of Karnataka [2013 (2) TMI 928 - KARNATAKA HIGH COURT]. Coming to the case on hand, on the showing of the FIR itself, the Contractor approaches the IO on 26.03.2013 with the allegation that the accused is demanding bribe to get an indent for Transformer. Though the information divulged by the contractor discloses a cognizable offence without registering the case on the said information as mandated by Section 154 of Cr.P.C., IO hands over the voice recorder to him. It is only on 28.03.2013, when the contractor comes back with the recorded conversation of bribe demand, he receives a written complaint and registers the case and thereafter proceeds with entrustment mahazar and Trap. By necessary implication in this case, the investigation commenced prior to registration of the case. Had if the IO immediately after receiving the information on 26.03.2013 had followed the procedure under Section 154(1) of Cr.P.C. thereby register the FIR and used his strategies for recording the conversation, by using the electric device, then the accused had no case to seek indulgence of this Court at the crime stage - The case of the petitioner shall succeed on two counts that (1) IO omitted to comply with the provisions of Section 154(1) of Cr.P.C., immediately after receiving information from the contractor on 26.03.2013, (2) The material collected before registration of the case now made to blend with the trap mahazar, subsequent to registration of the FIR vitiates entire investigation. The illegality noticed being abuse of process of law calls for interference in exercise of jurisdiction under Section 482 of Cr.P.C. Petition allowed.
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