State v. N.S. Gnaneswaran, (2013) 3 SCC 594
Criminal Law
Public Accountability, Vigilance and Prevention of Corruption
CBI and CBI investigation - Initiation of investigation by CBI - Norms applicable - CBI, reiterated, must comply with CBI
(Crime) Manual, 2005 - Non-compliance with S. 154 CrPC will not vitiate CBI investigation if the same is in compliance
with CBI (Crime) Manual, 2005, (2013) 3 SCC 594-A
Ss. 154(2) & (1), 156 & 157 and S. 482 - Provision in S. 154(2) for issuing copy of FIR to informant - Nature of -
Mandatory or directory - Vitiative effect, if any, of non-compliance therewith - Prejudice from non-supply of copy of FIR -
Need for showing power of CBI to investigate in such case, if any - Quashment of proceedings on ground of noncompliance with S. 154(2) - Untenability - S. 154(2), held, is merely directory and not mandatory - Hence, unless the
informant could show any resultant prejudice or injustice caused to him, an FIR showing prima facie cognizable offences,
would not stand vitiated merely on account of non-compliance with S. 154(2) - In any case, in view of procedure
prescribed by CBI (Crime) Manual, 2005, FIR disclosing commission of cognizable offence and registered under S.
154(1) for purpose of conducting investigation under Ss. 156 and 157, held, did not stand vitiated for non-compliance
with S. 154(2) - Hence, High Court erred in quashing proceedings against respondent on this ground - Proceedings
restored, (2013) 3 SCC 594-B
Administrative Law
Natural Justice
Adverse material, awareness/supply of - Doctrine of prejudice - Applicability of - Held, unless in a given situation,
aggrieved person makes out a case of prejudice or injustice, technical infraction of law would not vitiate
order/enquiry/result - In judging a question of prejudice, court must act with a broad vision and look to the substance and
not to technicalities, (2013) 3 SCC 594-C
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Criminal Law
Public Accountability, Vigilance and Prevention of Corruption
CBI and CBI investigation - Initiation of investigation by CBI - Norms applicable - CBI, reiterated, must comply with CBI
(Crime) Manual, 2005 - Non-compliance with S. 154 CrPC will not vitiate CBI investigation if the same is in compliance
with CBI (Crime) Manual, 2005, (2013) 3 SCC 594-A
Ss. 154(2) & (1), 156 & 157 and S. 482 - Provision in S. 154(2) for issuing copy of FIR to informant - Nature of -
Mandatory or directory - Vitiative effect, if any, of non-compliance therewith - Prejudice from non-supply of copy of FIR -
Need for showing power of CBI to investigate in such case, if any - Quashment of proceedings on ground of noncompliance with S. 154(2) - Untenability - S. 154(2), held, is merely directory and not mandatory - Hence, unless the
informant could show any resultant prejudice or injustice caused to him, an FIR showing prima facie cognizable offences,
would not stand vitiated merely on account of non-compliance with S. 154(2) - In any case, in view of procedure
prescribed by CBI (Crime) Manual, 2005, FIR disclosing commission of cognizable offence and registered under S.
154(1) for purpose of conducting investigation under Ss. 156 and 157, held, did not stand vitiated for non-compliance
with S. 154(2) - Hence, High Court erred in quashing proceedings against respondent on this ground - Proceedings
restored, (2013) 3 SCC 594-B
Administrative Law
Natural Justice
Adverse material, awareness/supply of - Doctrine of prejudice - Applicability of - Held, unless in a given situation,
aggrieved person makes out a case of prejudice or injustice, technical infraction of law would not vitiate
order/enquiry/result - In judging a question of prejudice, court must act with a broad vision and look to the substance and
not to technicalities, (2013) 3 SCC 594-C
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