State of Karnataka & Anr. Vs Prabhu Shankar & Anr. (Supreme Court of India)
Supreme Court: High Courts Should Not Conduct a Mini-Trial While Quashing FIRs in Corruption Cases
The Supreme Court set aside the Karnataka High Court’s orders quashing multiple FIRs registered against senior police officers under the Prevention of Corruption Act, 1988 and the IPC. It held that the High Court had exceeded its jurisdiction under Section 482 CrPC by evaluating the merits of the allegations and virtually conducting a mini-trial at the investigation stage.
The Court reiterated that while considering a petition to quash an FIR, the only question is whether the allegations, taken at face value, prima facie disclose the commission of a cognizable offence. Issues such as delay in lodging the FIR, absence of recovery of money, lack of proof of demand or acceptance of illegal gratification, contradictions in evidence, or allegations of mala fides are matters to be examined during investigation, at the stage of discharge, or during trial, and cannot ordinarily justify quashing an FIR.
The Court further held that under Section 7 of the Prevention of Corruption Act, actual receipt of a bribe is not essential. Even an attempt to obtain an undue advantage, directly or through another person, may constitute the offence. It also rejected the High Court’s finding that some FIRs were impermissible “second FIRs”, observing that where a subsequent FIR relates to a larger conspiracy or wider corruption, it is not barred merely because an earlier FIR exists on related facts.
Emphasising a hands-off approach in corruption cases, the Supreme Court observed that High Courts should ordinarily allow investigations to reach their logical conclusion and interfere only in exceptional cases where the record discloses absolutely no material supporting even a reasonable suspicion of corruption. Accordingly, the High Court’s quashing orders were set aside, and the investigation was permitted to proceed in accordance with law.
FULL TEXT OF THE SUPREME COURT JUDGMENT/ORDER
