Registration of FIR is a statutory duty when a cognizable offence is disclosed. The absence of a preliminary inquiry does not vitiate FIRs unless proven to be malicious or frivolous. Blanket orders restraining FIR registration cannot be issued, as they would interfere with investigative functions. The appellant has legal recourse to challenge malicious FIRs through available judicial remedies.

Preliminary Inquiry Not Mandatory — Supreme Court reaffirmed that an FIR must be registered if the information discloses a cognizable offence. Lalita Kumari (2014) 2 SCC 1 does not mandate a preliminary inquiry in all cases. Successive FIRs Not Per Se Illegal — Multiple FIRs do not automatically indicate abuse of process; legal remedies like quashing under Section 482 CrPC are available for relief. No Blanket Protection Against FIRs — Courts cannot grant a general order mandating preliminary inquiry before every FIR registration, as it would amount to judicial legislation.

Appeal Dismissed. However, the appellant is not precluded from pursuing remedies under law for challenging pending or future FIRs.

Acts and Sections Discussed:

1. Constitution of India, 1950 — Articles 14, 20, 21, 22, and 226
2. Code of Criminal Procedure, 1973 (CrPC) — Section 154, Section 482
3. Indian Penal Code, 1860 (IPC) — Allegations of abuse of official position, corruption

Subjects:

Preliminary Inquiry — Cognizable Offence — Abuse of Official Position — Multiple FIRs — Fundamental Rights — Judicial Review — Quashing of FIRs — Investigation Process — Procedural Safeguards

Facts:

a. Nature of Litigation — Appeal against the Gujarat High Court order rejecting a writ petition seeking a preliminary inquiry before FIR registration.
b. Petitioner’s Relief Sought — Writ of Mandamus directing authorities to conduct a preliminary inquiry before lodging FIRs against him for acts performed in his official capacity.
c. Reason for Filing — Alleged arbitrary registration of successive FIRs violating Fundamental Rights under Articles 14, 20, and 21.
d. Previous Decisions — Gujarat High Court dismissed the petition, holding that registration of FIR is mandatory for cognizable offences.

Issues

1. Whether a preliminary inquiry is mandatory before registering FIRs in cases involving alleged abuse of official position?
2. Whether the registration of multiple FIRs against the appellant amounts to an abuse of process?
3. Whether a blanket protection against FIR registration can be granted to the appellant?

Submissions/Arguments:

a. Appellant — Contended that successive FIRs were lodged with a mala fide intention to harass him, violating Articles 14 and 21. Relied on Lalita Kumari v. Government of Uttar Pradesh & Ors., arguing that a preliminary inquiry was mandatory before registering FIRs for official actions.
b. State of Gujarat — Argued that under Section 154 CrPC, FIR registration is mandatory upon receipt of information disclosing a cognizable offence. Stressed that preliminary inquiry is required only in limited categories of cases and that the appellant’s case did not fall within those exceptions.