Back
K. NATARAJAN
D. K. Shivakumar S/o Late Shri S. K. Kempegowda – Appellant
Versus
Central Bureau of Investigation, Bengaluru – Respondent
| Table of Content |
|---|
| 1. validity of fir registration and political motivations must be substantiated. (Para 1 , 2 , 6 , 14 , 63) |
| 2. investigation procedures and required authorizations under relevant acts. (Para 15 , 18 , 34 , 38 , 54 , 60) |
| 3. the court affirmed the continuation of the fir and directed the cbi to conclude investigations. (Para 73) |
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 pet
The necessity of conducting a preliminary enquiry in cases of alleged corruption involving disproportionate assets, and the requirement of registering an FIR based on existing legal provisions.
The FIR must disclose a prima facie case of commission of the alleged offenses. An investigation cannot be initiated without conducting a preliminary inquiry, which is mandatory as per the judgment o....
Preliminary enquiry is not mandatory before FIR registration under the Prevention of Corruption Act; a prima facie case allows for investigation without prior inquiry.
The power to quash a complaint/FIR under Section 482 of the Cr.P.C. should be exercised sparingly and is an exception rather than an ordinary rule.
FIR was quashed due to failure to conduct a preliminary enquiry and non-compliance with the Prevention of Corruption Act and related guidelines.
(1) Preliminary Enquiry is not mandatory when information received discloses commission of a cognizable offence – Need for a Preliminary Enquiry will depend on facts and circumstances of each case an....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
