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Vinod Kumar Pandey vs. Seesh Ram Saini

Not available · 2025 INSC 1095Decided 10 Sept 2025
Not available
Justice Pankaj Mithal · Justice Prasanna B. Varale

Background

Two CBI officers on deputation, Vinod Kumar Pandey (then Inspector) and Neeraj Kumar (then Joint Director), were accused by two individuals, Sheesh Ram Saini and Vijay Aggarwal, of criminal offences including wrongful confinement, forgery and abuse of office. The Delhi High Court's Single Judge, back in 2006, had directed the Delhi Police to register FIRs against the officers based on these complaints and have them investigated by the Special Cell. The CBI officers appealed against these directions, arguing that a departmental preliminary inquiry had already found the allegations baseless and that mandatory FIR registration was not warranted.

Decision Breakdown

The Supreme Court broadly upheld registration of the FIRs, relying on the settled principle from Lalita Kumari v. Government of Uttar Pradesh that registration of an FIR is mandatory once information discloses a cognizable offence, and that no preliminary inquiry is a precondition in such cases. It held that the internal CBI inquiry conducted by the Joint Director could be treated only as a preliminary inquiry, not as conclusive proof of innocence, and could be looked into by the investigating officer without being treated as final. The Court modified the High Court's directions to clarify that, since the case did not concern terrorism, the Delhi Police itself (not the Special Cell) would investigate, through an officer of at least Assistant Commissioner rank, to be completed preferably within three months. It also directed that the officers must join and cooperate with the investigation, and that no coercive action (including arrest) would be taken against them unless the investigating officer found custodial interrogation necessary.

Lesson Learnt

Once a complaint discloses a cognizable offence, the police must register an FIR: an internal departmental inquiry that clears the accused beforehand does not exempt them from investigation, though the courts can still protect against arrest while the accused cooperates with the probe.

Official source (sci.gov.in)View Judgment (PDF)

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