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IN THE HIGH COURT OF JUDICATURE AT PATNA
(RAJEEV RANJAN PRASAD, J.)
Cri.W.J.C. No.17 of 2023
(22.1.2024)
Amit Lodha ... Petitioner
vs.
State of Bihar & Ors. ... Respondents
Prevention of Corruption Act, 1988 – Sections 13(1)(b) read with 13(2) read with Sections 12 and 17-A – Indian Penal Code, 1860 – Sections 120(B) and 168 – Constitution of India – Article 226 – Indulgence in illegal trade – Allegation against petitioner is that of illicitly acquiring wealth as a public servant – Allegations are being investigated – Allegations, without adding or subtracting anything out of it, if taken on as it is, it cannot be said that no cognizable offence would be made out – Contention of Special Vigilance Unit that scrutiny of available Government records available in public domain reveal that accused has acquired huge movable/immovable properties which is over and above and have been illicitly acquired, cannot be examined by this Court by holding a premature trial – Explanations and justifications are not to be considered by this Court at this stage – If source informations are credible and those indicate towards commission of a cognizable offence, accused cannot be allowed to take plea that no FIR could have been registered without holding a preliminary inquiry – No malafide could be read only because First Information Report has been lodged in this matter – Where credible informations are received against a public servant of having accumulated assets disproportionate to his known source of income, unless facts of case rests on a very special feature, no interference would be required in garb of applicability of Section 17A of P.C. Act – No interference is required by Court to scuttle investigation of case – Investigating agency directed to take investigation of this case to its logical end within a period of six months. (Paras 34 to 41 and 46)
Constitution of India – Article 21 – Speedy trial is a part of fundamental right to life and liberty – It is an integral and essential part of Article 21 of Constitution of India – Proper and fair investigation has been held to be an essential component of concept of speedy trial and it has its roots embedded in a reasonably fair and just procedure – Right to speedy trial flowing from Article 21of Constitution of India encompasses all stages, namely stage of investigation, inquiry, trial, appeal, revision and re-trial. (Paras 42, 43 and 44)
Rajeev Ranjan Prasad, J. – Heard Mr. P.N. Shahi, learned senior counsel assisted by Mr. Shekhar Singh, learned counsel for the petitioner, Mr. Rana Vikram Singh, learned counsel for the Special Vigilance Unit (SVU), Bihar and Mr. Prabhu Narayan Sharma, learned AC to AG for the State.
2. The present writ application has been filed for the following reliefs: –
“i. For quashing the F.I.R. of Special Vigilance Unit, Patna Case No.17 of 2022 dated 07.12.2022 (Special Case No.80 of 2022 pending in the court of learned Special Judge, Vigilance, Patna) under sections 13(1)(b) read with 13(2) read with Section 12 of the Prevention of Corruption Act, 1988 and Sections 120(B) and 168 of the Indian Penal Code in the facts and circumstances of the case.
ii. For quashing and setting aside the investigation being done by the respondent authorities in relation to the aforesaid F.I.R. of Special Vigilance Unit, Patna Case No.17 of 2022 dated 07.12.2022 (Special Case No.80 of 2022) which is illegal, erroneous and malafidely instituted.
iii. For any other relief/reliefs for which the petitioner is entitled.”
Brief facts of the case
3. Petitioner in this case is an Officer of the Indian Police Service 1998 batch, Bihar Cadre. He is presently posted as Inspector General, State Crime Records Bureau, Bihar, Patna.
4. A First Information Report has been lodged giving rise to SVU, Patna P.S. Case No.17 of 2022 for the offences alleged under Sections 13(1)(B) r/w 13(2) r/w 12 of the Prevention of Corruption Act, 1988 (as amended 2018) and 120(B) and 168 of the Indian Penal Code which has been registered as Special Case No.80 of 2022 pending in the court of learned Special Judge, Vigilance, Patna. Petitioner is facing investigation in this case. The contents of the FIR are being reproduced hereunder for a ready reference: –
“Information
Information has been received through various verified and reliable source to the extent that Sri Amit Lodha, an IPS officer of Bihar Cadre, the then Inspector General of Police, Magadh Range, Gaya has been earning illicitly, ever since his posting at Gaya in connivance with Friday Story Teller LLP and others in furtherance of criminal conspiracy and by indulging in private trade illegally which does not commensurate with his legal earnings.
It is alleged that the accused Sri Amit Lodha is not an established Story writer neither he was authorised nor permitted to write book and to use the same for commercial purpose. Ignoring these facts, in order to earn illicitly and to convert the black money into white he used a book written by him named "Bihar Diary" for production of a Web series named "Khaki the Bihar Chapter." by resorting to illegal activities.
It is alleged that Friday Story Teller Pvt. Ltd. has been producing film on a book written by this Amit Lodha and the reported cost of producing of his Web serial/film is around 64 crores rupees and the expenditure is being incurred by Los Gatos Production Service India LLP which is the legal representative of NETFLIX in India.
It is alleged that on 02.11.2018 there was an acquisition agreement between Sri Amit Lodha and Friday Story Teller Pvt. Ltd. and this acquisition agreement was signed for Rs. 1 only, whereas from the records available it was gathered that the accused received Rs. 12,372/- on 18.08.2021 in his HDFC bank A/c no-1651153000242 from Friday Story Teller.
It is further alleged that, with the same production house an agreement was also signed between Smt. Kaumudi Lodha in the name and style of Life Story Rights acquisition agreement in order to facilitate the transaction of illicitly, acquired wealth from one account to the account Smt. Kaumaudi Lodha w/o Sri Amit Lodha. It is further alleged that from this production house Rs. 38.25 Lakhs was paid in the account of the wife of the accused between the periods 07.03.2019 to 13.09.2021. It is also alleged that the acquisition agreement was signed on 02.11.2018 between the accused Amit Lodha and Friday Story Teller Pvt.
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.
Prior approval under Section 17A of the Prevention of Corruption Act is only required for offenses relating to public officials' duties; misconduct that constitutes a crime does not benefit from this....
No prior approval from the competent authority was necessary for investigation into the offence under Section 13(1) (a) of the Act alleged against him.
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