[11/9, 12:16] RUPERT Mhc Advt: Ex-Minister Velumani’s case – Preliminary Inquiry Report is an off shot of SC judgment in Sirajjudin case made way back in 1972. In order to commence a Preliminary Inquiry it does not mandate for FIR. If the outcome of the Preliminary Inquiry Report manifest that no case has been made out the report need not be submitted before the Special Court dealing in PC Act but it is within the Police department where the Investigating Officer reports to his immediate superior officer and routed to the officer who is monitoring the inquiry. It depends upon case to case. When the Investigating Officer conducting the Preliminary Inquiry finds that a prima facie case has been made out then he will submit his report to his superiors and he is empowered to register the FIR and an investigation can be conducted in depth. It appears to the DMK Govt that the Investigating Officer during the regime of AIADMK Govt had tailored his report to bail out the ex-Minister Velumani from the clutches of law and the Preliminary Inquiry Report is all a farce and requires a detail investigation and accordingly DAVC has registered the FIR. The provisions of the CrPC do not empower anyone to extend the period within which the investigation must be completed and no Court either directly or indirectly can extend such period. When the DAVC has registered the FIR automatically the relief sought by Arapore Iyyakam and RS Barathi PILWP is liable to be disposed off on that ground since their agitation in a way is met by registration of the FIR. The stand taken by AG Shanmugasundram before the CJ Bench is correct in law. Final Report is the outcome of the investigation report and has to be filed before the Court to be filed with Preliminary Inquiry Report if there is. In Sirajjudin case judgment of SC in the matter of PC Act it is a must, FIR, Statement of Witnesses, Material Object Seizure Mahazar and its properties etc and the Trial Court will frame charges based on above material furnished by Police by their Final Report and that is Charge Sheet. [11/9, 12:18] Sekarreporter1: 👍🏾
[11/9, 12:16] RUPERT Mhc Advt: Ex-Minister Velumani’s case –
Preliminary Inquiry Report is an off shot of SC judgment in Sirajjudin case made way back in 1972. In order to commence a Preliminary Inquiry it does not mandate for FIR. If the outcome of the Preliminary Inquiry Report manifest that no case has been made out the report need not be submitted before the Special Court dealing in PC Act but it is within the Police department where the Investigating Officer reports to his immediate superior officer and routed to the officer who is monitoring the inquiry. It depends upon case to case.
When the Investigating Officer conducting the Preliminary Inquiry finds that a prima facie case has been made out then he will submit his report to his superiors and he is empowered to register the FIR and an investigation can be conducted in depth.
It appears to the DMK Govt that the Investigating Officer during the regime of AIADMK Govt had tailored his report to bail out the ex-Minister Velumani from the clutches of law and the Preliminary Inquiry Report is all a farce and requires a detail investigation and accordingly DAVC has registered the FIR.
The provisions of the CrPC do not empower anyone to extend the period within which the investigation must be completed and no Court either directly or indirectly can extend such period.
When the DAVC has registered the FIR automatically the relief sought by Arapore Iyyakam and RS Barathi PILWP is liable to be disposed off on that ground since their agitation in a way is met by registration of the FIR.
The stand taken by AG Shanmugasundram before the CJ Bench is correct in law.
Final Report is the outcome of the investigation report and has to be filed before the Court to be filed with Preliminary Inquiry Report if there is. In Sirajjudin case judgment of SC in the matter of PC Act it is a must, FIR, Statement of Witnesses, Material Object Seizure Mahazar and its properties etc and the Trial Court will frame charges based on above material furnished by Police by their Final Report and that is Charge Sheet.
[11/9, 12:18] Sekarreporter1: 👍🏾
