VINOD KUMAR PANDEY & ANR. versus SEESH RAM SAINI & ORS.

VINOD KUMAR PANDEY & ANR. versus SEESH RAM SAINI & ORS.

The Supreme Court declined to interfere with the High Court's order directing registration of FIRs against the two CBI officers, holding that a CBI preliminary inquiry is at best a preliminary report and not conclusive to preclude FIR registration under Section 154 Cr.P.C. where prima facie cognizable offences are made out; the investigation shall be conducted by the Delhi Police by an officer not below the rank of Assistant Commissioner of Police who may consider but not treat the CBI inquiry as conclusive, conclude the investigation expeditiously (preferably within three months), and the appellants must join and cooperate with the investigation with protection from coercive steps...

Parties
Appellant: Vinod Kumar Pandey; Appellant: Neeraj Kumar; Respondent: Seesh Ram Saini; Respondent: Vijay Aggarwal
Jurisdiction
India
Judgment Date
10 September 2025
Procedural Posture
Civil Appeal / Appeal to the Supreme Court; Judgment Disposing Appeals and Modifying High Court Order
Outcome
Appeals disposed of by the Supreme Court; two appeals disposed and two partly allowed by modifying the High Court orders
Legal Topics
Registration of FIR, Cognizable Offence, Investigation, Preliminary Enquiry, CBI Officers
Criminal Procedure Criminal Law Constitutional Law Registration of FIR Cognizable Offence Investigation Preliminary Enquiry CBI Officers

Case Brief

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Parties

Vinod Kumar Pandey

Appellant

Neeraj Kumar

Appellant

Seesh Ram Saini

Respondent

Vijay Aggarwal

Respondent

Procedural Posture

Civil Appeal / Appeal to the Supreme Court; Judgment Disposing Appeals and Modifying High Court Order

Legal Issues

  1. 1 Whether the High Court was correct in directing registration of FIR against CBI officers based on complaints and a preliminary CBI inquiry report
  2. 2 Whether a preliminary inquiry by CBI can preclude registration of an FIR under Section 154 Cr.P.C.
  3. 3 Whether genuineness or credibility of information is a condition precedent for registration of FIR

Ratio Decidendi

The Supreme Court declined to interfere with the High Court's order directing registration of FIRs against the two CBI officers, holding that a CBI preliminary inquiry is at best a preliminary report and not conclusive to preclude FIR registration under Section 154 Cr.P.C. where prima facie cognizable offences are made out; the investigation shall be conducted by the Delhi Police by an officer not below the rank of Assistant Commissioner of Police who may consider but not treat the CBI inquiry as conclusive, conclude the investigation expeditiously (preferably within three months), and the appellants must join and cooperate with the investigation with protection from coercive steps...

Court Disposition

Appeals disposed of by the Supreme Court; two appeals disposed and two partly allowed by modifying the High Court orders

Orders

  • Supreme Court declined to interfere with High Court order directing registration of FIRs against the two CBI officers
  • Investigation to be conducted by the Delhi Police by an officer not below the rank of Assistant Commissioner of Police