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MRIDUL KUMAR KALITA
Alok Kumar S/o Shri Yogeshwar Prasad – Appellant
Versus
Central Bureau of Investigation – Respondent
ORDER :
Mridul Kumar Kalita, J.
1. Heard Mr. S. Mann, learned counsel for the petitioner. Also heard Mr. M. Haloi, Special Public Prosecutor, Central Bureau of Investigation (CBI).
2. This application under Section 482 of the Code of Criminal Procedure, 1973 has been filed by the petitioner, namely, Mr. Alok Kumar, praying for quashing of the charge sheet which has been filed in connection with FIR No. RC2162022A0007 and all consequential proceedings therefrom, presently pending before the Court of learned Special Judge, CBI, Assam, Additional Court No. 2, Chandmari at Guwahati.
3. The facts relevant for consideration of instant Criminal Petition, in brief, are as follows:
The court established that prior approval is mandatory for investigating public servants under the Prevention of Corruption Act when the alleged offenses relate to their official duties, and failure ....
The court held that prior approval for investigation under Section 17A of the Prevention of Corruption Act is unnecessary in cases involving direct allegations of corrupt conduct by public officials.
The absence of evidence proving demand for illegal gratification under the Prevention of Corruption Act led to the quashing of criminal proceedings against the petitioner.
Sec. 17-A of the Prevention of Corruption Act requires prior approval for investigations into offenses by public servants only when those offenses are related to their official functions, and such ap....
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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....
The court ruled that allegations in an FIR must disclose a prima facie case for investigation, and mere recovery of cash without evidence linking the accused to a bribery transaction does not suffice....
The main legal point established in the judgment is the requirement of specific and credible evidence to establish the commission of a cognizable offence, especially in cases involving allegations of....
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