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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J.C.DOSHI
Ishwarbhai Govindbhai Kaila – Appellant
Versus
State of Gujarat – Respondent
Headnote: Read headnote
ORDER :
1. Draft amendment is allowed. Amendment to be carried out forthwith.
2. By way of this application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code"), the petitioner has prayed for quashing and setting aside FIR being ACB C.R.No.I – 1 of 2016 registered with Rajkot City ACB Police Station, for the offences punishable under Sections 7 , 12, 13(1)(g) and 13(2) of Prevention of Corruption Act as well as all other consequential proceedings arising out of the aforesaid FIR qua the petitioner herein.
3. Brief facts of the case are as under:-
3.1 The fact of this case is that the complainant owns a second residential property adjacent to their primary residence. As this secondary property lacked an electricity connection, the complainant submitted an application to the accused's office, seeking a new connection in
High Courts should not quash FIRs in corruption cases at the investigation stage unless no cognizable offense is disclosed, allowing for thorough investigation.
The court held that allegations of bribery against a public servant, supported by video evidence, constitute a cognizable offence, and FIRs should not be quashed unless they are patently absurd or do....
The court upheld the validity of the FIR against the petitioners for vote buying, emphasizing that allegations of corruption warrant investigation despite claims of political vendetta.
The power to quash an FIR should be exercised sparingly and only in exceptional circumstances, and the court should refrain from interfering in the investigation process.
Point of Law : Power under Section 482 Cr.P.C. to quash criminal proceedings, High Court would have to proceed entirely on basis of allegations made in complaint or documents accompanying same per se....
Court upheld the FIR alleging bribery against a public servant, emphasizing the necessity of substantial evidence for prosecution, rejecting claims of mala fides and ensuring adherence to procedural ....
The court established that prima facie evidence of a bribe demand is sufficient to justify an investigation under the Prevention of Corruption Act, and that quashing an FIR should be an exception rat....
The demand for an undue advantage by a public servant, even if not linked to improper performance of duty, constitutes an offense under Section 7 of the Prevention of Corruption Act.
Preliminary enquiry is not mandatory before FIR registration under the Prevention of Corruption Act; a prima facie case allows for investigation without prior inquiry.
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