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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
K.NATARAJAN
Channakeshava H.D., S/o. Doddappaiah – Appellant
Versus
State Of Karnataka By Lokayukta PS, Represented By Special Public Prosecutor – Respondent
ORDER :
K. NATARAJAN, J.
This writ petition is filed by the petitioner-accused under Article 226 of the Constitution of India read with Section 482 of Cr.P.C. for quashing the FIR in Crime No.54/2023 registered by the Lokayuktha Police, Bangalore for the offences punishable under Section 13 (1)(b) read with Section 13 (2) of Prevention of Corruption Act (hereinafter referred to as 'P.C.Act') pending on the file of 23rd Additional City Civil Judge and Sessions Judge, Bangalore.
2. The case of the petitioner is that in the year 1998, the petitioner was appointed an Assistant Engineer in Karnataka Power Transmission Corporation Limited, Munirabad. Thereafter, he was transferred to Koramangala Division and Hebbala Division of BESCOM and worked as Executive Engineer. The respondent police registered FIR based upon the source report dated 05.10.2023 wherein it is alleged that, when the petitioner was working as Executive Engineer at BESCOM from 11.11.1998 till 30.09.2023, he has amassed assets to the tune of Rs.6,64,67,000/- (92.54%) disproportionate to the known source of his income. The Police registered FIR by obtaining the order Section 17 of Prevention of Corruption Act., which is
FIR was quashed due to failure to conduct a preliminary enquiry and non-compliance with the Prevention of Corruption Act and related guidelines.
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 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....
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....
(1) Preliminary inquiry or probe becomes indispensable in a complaint of acquisition of disproportionate assets not only to safeguard interest of accused public servant, if such complaint were lodged....
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.
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