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IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
Jomon Puthenpurackal – Appellant
Versus
State of Kerala Represented by The Public Prosecutor – Respondent
ORDER :
K.BABU, J.
The petitioner, who claims to be a person fighting against corruption in society, seeks investigation by the CBI into the allegations of amassment of wealth disproportionate to his known sources of income by respondent No.3, a former IAS Officer presently employed as the Chief Principal Secretary to the Chief Minister of Kerala in the cabinet rank. The petitioner also seeks to set aside the order dated 28.11.2017 rejecting CMP No.298/2016, a complaint filed under Section 190 Cr.P.C. before the Enquiry Commissioner and Special Judge, Thiruvananthapuram (‘the Special Court’ for short).
2. The petitioner filed the above-referred complaint before the Special Court alleging the following:-
2.1 On 13.04.2015, the petitioner filed an application to the Chief Secretary, as per the provisions of the Right to Information Act, 2005, seeking information regarding the statements filed by respondent No.3 as per Rule 16(1)(a) of the All India Services (Conduct) Rules, 1968, pertaining to the assets of himself and his dependents. The petitioner was served with a reply stating that respondent No.3 did not submit property statements for six years. On further verification, the petition
The court held that a preliminary enquiry is not mandatory if the information discloses a cognizable offence, and the exclusion of relevant periods from investigation undermines credibility.
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.
Anti-Corruption Bureau which performs a very significant role in checking corruption amongst public servants cannot indulge itself in such casual act of drawing up source information report on instan....
(1) Enquiry at pre-FIR stage is held to be permissible and desirable, more particularly in cases where allegations are of misconduct of corrupt practice acquiring assets/properties disproportionate t....
Point of Law : Dismissal of petition to Quash of FIR – Commission of cognizable offence and pendency of investigation – cannot be quashed.
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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