Back
RAJENDRA PRAKASH SONI
Ranidan Singh S/o Sawai Singh – Appellant
Versus
State of Rajasthan through PP – Respondent
ORDER :
Rajendra Prakash Soni, J.
1. Petitioners before the Court are the then Circle Inspector (C.I.) and the then Assistant Sub-inspector of Police Station Ganga Shahar, Bikaner and they are seeking quashing of FIR No. 14/2022 dated 18.01.2022, registered against them under Section 7 of the Prevention of Corruption Act, 1988 (hereinafter referred to as ‘the Act’) and Sections 201, 384 and 120B of Indian Penal Code at Central Police Station, ACB Jaipur, District, Jaipur.
2. I have heard Shri Vikas Balia, learned Senior Advocate assisted by Shri Sachin Saraswat, learned counsel Shri Chandra Sekhar Kotwani assisted by Shri Manoj Choudhary for the petitioners and learned Public Prosecutor assisted by Shri Rajak Khan, learned counsel for complainant and have perused the case file.
3. Narrated briefly, the facts appertain are that a FIR bearing number 226/2021 was registered against some persons, at Police Station Ganga Sahar, Bikaner for offences punishable under Sections 420, 467, 468, 471, and 120B of the Indian Penal Code, related to cheating in a competitive examination. On 08.11.2021, in connection with investigation of above FIR, Jagdish Kumar ASI (Petitioner in Case No. 1380/2022)
Prior approval from the competent authority is mandatory before investigating public servants under the Prevention of Corruption Act, ensuring protection against frivolous complaints.
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 main legal point established in the judgment is the requirement of prior approval for investigation under Section 17A of the Prevention of Corruption Act, 1988, as amended, and its implications f....
The central legal point established in the judgment is the interpretation and application of Section 17A of the PC Act, 1988, which restricts the requirement of prior approval for initiating enquiry/....
Initiation of criminal proceeding – Absence of approval as contemplated in Section 17A of Prevention of Corruption Act, 1988 for conducting enquiry, inquiry or investigation of offences alleged to ha....
The court emphasizes that the purpose of Section 17A of the Prevention of Corruption Act, 1988 is to prevent unnecessary investigations against public servants and to ensure that the State Government....
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
