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ROBIN PHUKAN
Mes-243985 Shri. Lekh Bahadur Bohara Bohara – Appellant
Versus
State Of Nagaland Represented By The Public Prosecutor – Respondent
JUDGMENT :
Heard Mr. P.B. Paul, learned counsel for the petitioner and Mr. K. Angami, learned Public Prosecutor for the State respondent No. 1. Also heard Mr. Y.P. Gupta, learned Central Government Counsel (CGC) for the respondent No. 2.
2. In this petition, under Section 482 of the Cr.P.C., the petitioner, namely, MES-243985 Shri Lekh Bahadur Bohara, JAA, has prayed for quashing the FIR of Urban P.S. Case No. 21/2021, under Section 420 of the IPC, read with Sections 11/13 of the Prevention of Corruption Act, 1988 (for short ‘the P.C. Act’), dated 20.04.2021.
3. It is to be noted here that the aforementioned case has been registered on the basis of an FIR lodged by one Shri Ravi Tomar, Major, Garrison Engineer, GE 868 EWS of Rangapahar Military Station, on 08.04.2021.
4. The background facts leading to filing of the present petition are adumbrated herein below:
The power to quash a complaint/FIR under Section 482 of the Cr.P.C. should be exercised sparingly and is an exception rather than an ordinary rule.
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.
Forgery - Quash of FIR - Rights of petitioner - While ensuring and protecting rights of accused and complainant, a preliminary inquiry should be made time-bound and, in any case, it should not exceed....
The investigating agency has the discretion to register an FIR without conducting a preliminary enquiry if the allegations disclose a cognizable offence. The choice of the check period for establishi....
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.
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