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2023 Supreme(Kar) 497

K. NATARAJAN
D. K. Shivakumar S/o Late Shri S. K. Kempegowda – Appellant
Versus
Central Bureau of Investigation, Bengaluru – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: C.H. Jadhav, Sandesh J. Chouta, Chethan Jadhav.
For the Respondent: Prasanna Kumar P.

ORDER :

1. This writ petition is filed by the petitioner under Articles 226 and 227 of Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘Cr.P.C.’) to quash the FIR registered in RC No. 10(A)/2020 by the respondent-Central Bureau of Investigation (CBI), against this petitioner for the offence punishable under Section 13 (1)(e) read with Section 13 (2) of Prevention of Corruption Act, 1988 (hereinafter referred to as ‘P.C. Act’).

2. Heard the arguments of both the learned Senior Counsels appearing for the petitioner and learned Special counsel for the CBI.

3. The brief facts of the case of the petitioner is that, the Income Tax Authorities conducted raid on the house of the petitioner and they said to have recovered Rs. 8,59,69,100/- out of which Rs. 41,00,000/- were recovered from the petitioner. Subsequently, the Income Tax Authorities registered a complaint against the petitioner under the INCOME TAX ACT in Spl. C. No. 759/2018 and on the basis of the said offence, the Enforcement Directorate (ED) registered the FIR against the petitioner in ECIR/04/HQ/2018 for the offence punishable under Sections 3 and 4 of the Preventi

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