“18. Section 91 of the CrPC clearly mandates that it is applicable only in case of investigation, inquiry, trial or other proceeding under the Code. The definition of “inquiry” under Section 2(g) of the CrPC does not include preliminary inquiry. By no stretch of imagination, preliminary inquiry before registering FIR would come within the meaning of “proceeding” under the CrPC, as it is only a sort of verification for the limited purpose of ascertaining whether a cognizable offence has been committed as inquiry within the meaning of Section 2(g) must be conducted under this Code by Magistrate or Court, whereas preliminary inquiry is to be conducted by Police Officer, otherwise it could have been specifically provided in the CrPC. In my considered opinion, Section 91 of the CrPC has to be construed strictly in order to make it applicable, as the Legislature has confined its applicability to investigation, inquiry, trial or other proceeding under the Code of Criminal Procedure, 1973. Preliminary inquiry, if any, before registration of FIR would not fall within the meaning of other proceeding under section 91 of CrPC. The Legislature has deliberately and consciously applied it and made it applicable to certain specific proceedings specified in Section 91 of the CrPC, such as inquiry, investigation, trial and other proceeding under the Code. Thus, Section 91 of the CrPC cannot be stretched and made applicable to preliminary inqury that is prior to registration of FIR as recognized by the Supreme Court in Lalita Kumari Vs. Govt. of U.P. (2014) 2 SCC 1.
