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BIRENDRA KUMAR
Surendra Singh Rathore S/o Shri Indra Singh Rathore – Appellant
Versus
State Of Rajasthan – Respondent
Headnote: Read headnote
JUDGMENT :
1. The petitioners have sought for quashment of FIR No. 190/2022 registered with Anti Corruption Bureau Police Station, Jaipur for different offences under the Prevention of Corruption Act alleging therein that disproportionate assets were found in possession of the petitioners.
2. A brief background is that at the relevant time, the petitioner was working as Chief Executive Officer (Project), Rajasthan Biofuel as well as ex-officio Joint Secretary in Rural Development and Panchayati Raj Department. FIR No. 123/2022 dated 8.4.2022 was registered with the same Police Station alleges that the petitioner had demanded bribe for showing favour to the complainant and on the instructions of the petitioner, trap money was paid to one Devesh Sharma waiting outside the chamber of the petitioner and Devesh Sharma was apprehended along with the trap money. On the same day, i.e. 7.4.2022 search and seizures were made from the house of the petitioner, his wife as well as his son and a seizure list was prepared which is at Annexure-4. On the
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.
The court affirmed that, under the Prevention of Corruption Act, assets of family members may be considered when determining disproportionate wealth, and political motivations are insufficient to qua....
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.
Preliminary enquiry is not mandatory before FIR registration under the Prevention of Corruption Act; a prima facie case allows for investigation without prior inquiry.
Disproportionate Assets Case – In matters of corruption preliminary enquiry although desirable, but is not mandatory.
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....
Preliminary inquiry is not mandatory for FIR registration in corruption cases if the information discloses a cognizable offence.
(1) Preliminary inquiry or probe becomes indispensable in a complaint of acquisition of disproportionate assets not only to safeguard interest of accused public servant, if such complaint were lodged....
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