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HEMANT CHANDANGOUDAR
SATHISH S. S/O LATE SRINIVASAISH N. – Appellant
Versus
KARNATAKA LOKAYUKTA POLICE INSPECTOR – Respondent
ORDER :
1. The challenge in all these petitions pertains to the registration of the First Information Report (FIR) for offenses under Sections 13(1)(b) and 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as the ‘Act 1988’).
2. The petitioners fall under the definition of public servants as per Section 2(c) of the Act, 1988. First Information Reports (FIRs) have been registered against them on allegations of possessing assets disproportionate to their known sources of income.
3. A police inspector from the respondent-Karnataka Lokayukta-prepared a source report detailing the movable and immovable assets owned by the petitioners, their spouses, and other family members. This source report, along with covering letters, was submitted to the Superintendent of Police, Lokayukta.
4. The Superintendent of Police, invoking the Second Proviso to Section 17 of the Act, 1988, authorized the police inspectors/Dy. Superintendent of Police of the respective Lokayukta Police Stations to investigate the case. Following this authorization, FIRs were registered, and the investigation commenced.
5. Sri Jayakumar S. Patil, Sri K.N. Phanindra, Sri Sandesh J. Chouta and Sri P.P. Hegde
The second proviso to Section 17 of the Prevention of Corruption Act mandates clear reasoning for investigation authorization, and FIR registration is independent of such authorization.
A preliminary inquiry is not mandatory before registering an FIR under the Prevention of Corruption Act if a prima facie case exists based on a detailed source information report.
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.
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....
Preliminary enquiry is not mandatory before FIR registration under the Prevention of Corruption Act; a prima facie case allows for investigation without prior inquiry.
FIR was quashed due to failure to conduct a preliminary enquiry and non-compliance with the Prevention of Corruption Act and related guidelines.
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....
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