Baccarose Perfumes And Beauty Products Pvt. Ltd. vs Central Bureau Of Investigation 2024 INSC 662 – FIR – Initiation

Code Of Criminal Procedure,1973; Section 154-176 –Mere registration of FIR cannot be interpreted to mean that it constitutes the initiation of such proceedings. A registration of FIR necessitates an investigation by a competent officer as per the detailed process outlined in Sections 155 to 176. It is only after a Final Report (or as referred in the common parlance, a Challan or a Chargesheet) is submitted as per the compliance of Section 173(2) of CrPC 1973, cognizance for the offence(s) concerned is taken. However, undoubtedly, the Court is not bound by the said report. The cardinal principle that investigation and taking of cognizance operate in parallel channels, without an intermingling, and in different areas – Referred to H.N. Rishbud v. State (Delhi Admn.) (1954) 2 SCC 934 , Abhinandan Jha v. Dinesh Mishra 1967 SCC OnLine SC 107 and State of Orissa v. Habibullah Khan 2003 SCC OnLine SC 1411. (Para 19)

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