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M. NAGAPRASANNA
Zameer Ahmed Khan S/o Late Ziaulla Khan – Appellant
Versus
State Of Karnataka – Respondent
ORDER :
The petitioner is before this Court calling in question registration of a crime in Crime No.39 of 2022 by the then Anti Corruption Bureau (‘ACB’ for short) for offences punishable under Section 13(1)(b) r/w Section 13(2) of the Prevention of Corruption Act, 1988 (‘the Act’ for short).
2. Heard Sri V.Lakshminarayana, learned senior counsel appearing for the petitioner and Sri B.B. Patil, learned counsel appearing for the respondents.
3. Facts, in brief, adumbrated are as follows:-
The petitioner is said to be the Member of Legislative Assembly from Chamarajpet Constituency. A complaint comes to be registered on 09-06-2019 which becomes a crime in Crime No.73 of 2019 for offences punishable under Sections 420 and 120B of the IPC against the promoter of I-Monetary Advisory Private Limited (‘IMA’ for short) – Sri Mohammed Mansoor Khan. Immediately thereafter, the Enforcement Directorate also registers an Enforcement Case Information Report (‘ECIR’ for short) against the said promoter. During the investigation by the Enforcement Directorate, the Investigating Officer found the role of the petitioner and then searched the office and residence of the petitioner. Certain information wa
Anti-Corruption Bureau which performs a very significant role in checking corruption amongst public servants cannot indulge itself in such casual act of drawing up source information report on instan....
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.
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 registration of an FIR is obligatory if the information provided indicates a cognizable offence, as preliminary inquiries cannot delay the registration process, particularly in cases involving sy....
Responsibility of the institution like the Lokayukta to curb the menace of corruption cannot also be ignored. Therefore, it is for the Lokayukta not to let loose any loophole, of the kind that is pro....
The investigating agency has the discretion to register an FIR without conducting a preliminary enquiry if the allegations disclose a cognizable offence. The choice of the check period for establishi....
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