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 of the Supreme Court in Charansingh v. State of Maharashtra. Allegations against a person cannot be politically motivated and an abuse of the process of law.

JUDGMENT :

1. Since same set of facts are involved in all the petitions, therefore, they are heard analogously and are being disposed of by this common order.

2. Learned Senior counsel for the petitioner has raised objection with regard to hearing of this matter by this Bench contending that the matters are presently part heard before Coordinate Bench of this Court, therefore, in the interest of propriety, it is settled law that all the part heard matters should be placed before the Bench, who has already heard the matter, so that Bench can decide whether the same should be released. He would further submit that appropriate course of action would be that the matter should be placed before the other Coordinate Bench, who has partly heard the matter, so that he can decide whether he would wish to hear the matters or release them to be placed before the roster bench.

3. This issue is decided first as it goes to the route of the matter. I have heard learned Senior counsel for the petitioner as well as learned Senior counsel for the State and perused the order-sheets of the case recorded on 28.02.2020, 03.03.2020, 05.05.2020, 09.10.2020 & 19.10.2020, wherein nowhere mentioned in the order-sheet that the matter is 'part heard', thereafter, after reopening of Court after Summer Vacation, Hon'ble Acting Chief Justice has amended the Roster and the Roster related to Writ Petition (Cr.) filed under Article 226 of the Constitution of India as well as the petition under Section 482 of the Cr.P.C. have been allocated to this Bench, therefore, this matter is being heard by this Bench, as such, the submission of learned Senior Counsel for the State is that the matter was 'part heard' by the Coordinate Bench of this Court, is incorrect statement, therefore, the same is rejected and now the matter is being decided by this Bench on its own merits.

4. The petitioner has filed the present writ petition under Article 226 of the Constitution of India challenging order dated 21.10.2019 passed by respondent No. 2/General Administration Department (GAD) and also institution of Preliminary Enquiry bearing No. 35/2019 dated 11.11.2019 by the State Government against the petitioner.

5. The brief facts, as projected by the petitioner, are that the petitioner is former Principal Secretary to the Government of Chhattisgarh, who was employed with the State Government until he voluntarily resigned i.e. on 12.12.2018. The petitioner has filed the present petition as respondent State Government and the Economic Offences Wing (EOW)/respondent No. 3 have colluded with respondent No. 4 to maliciously prosecute and falsely implicate the petitioner at the behest of political dispensation in the State Government. The respondent No. 2 has issued order No. 1085/2019/1-7 dated 21.10.2019 (Annexure P/1) to respondent No. 3 to enquire into a false and baseless complaint dated 11.10.2019 made by Uchit Sharma-respondent No. 4 against the petitioner and his family members and the same was sent to Hon’ble the Chief Minister of Chhattisgarh. The said complaint was endorsed by Hon’ble the Chief Minister of Chhattisgarh himself, in which, it has been mentioned that “CS/EOW se jaanchkarayein” thereafter, preliminary enquiry was initiated vide order No. 35/2019 dated 11.11.2019 against the petitioner.

6. Learned counsel for the petitioner would submit that Hon'ble the Chief Minister's direction was thereafter communicated by respondent No. 2/GAD to respondent No. 3/(EOW) vide order dated 21.10.2019 (Annexure P/1). The petitioner came to know that respondent No. 3 has sought and obtained income tax records of the petitioner and his family members including bank details. Respondent No. 3 vide its letter dated 14.11.2019 (Annexure P/2) asked the Income Tax Department, Ministry of Finance, Raipur to provide Aay Ka Vivaran, All Information Report (AIR). Respondent No. 3 vide its letter dated 19.11.2019 requisitioned the ICICI Bank, Civil Lines, Raipur to provide certified copy of Account Ope