ORDER :

Tashi Rabstan, J.-Apprehending arrest in case FIR No. 18/2021 registered at Police Station, Leh for the offences punishable under Sections 420, 467, 468, 471, 474 IPC read with Sections 7, 13 of Prevention of Corruption Act, and on being summoned by the Additional District Magistrate, Leh upon instructions from SSP, Leh for questioning in the above mentioned FIR vide communication JC-97 (Misc) 2021 (903) dated 27.03.2021, the applicants approached this Court with the present application on the following grounds:-

(i) That the applicants are neither named in the FIR nor in the departmental inquiry report, pursuant to which aforesaid FIR has been registered.

(ii) That the applicants despite having no involvement in the commission of any offence mentioned in aforesaid FIR have been illegally summoned by the Police Station, Leh and the investigation has been entrusted to an officer contrary to manner provided under the Act. The applicants cannot be subjected to custodial interrogation by the agency lacking the statutory authority of protection against such illegal and vexatious arrest.

(iii) That the applicants have reason to believe that some vested interest inimical to the applicants have created undue influence over the administrative authorities and the police concerned to effectuate arrest just to cause harassment to the applicants.

(iv) That neither any preliminary inquiry has been conducted against the applicants as required under law nor they have been proceeded departmentally in relation to the allegations contained in the FIR as such the action of securing arrest is unfounded. Moreover, the registration of FIR and the investigation launched thereafter is contrary to the provisions of the Prevention of Corruption Act.

(v) That the applicants are neither involved in the commission of any offence nor there any incriminating circumstances to involve the applicants in the case related to fake mutations referred to in the FIR. The police concerned may resort to indiscriminate arrest at the behest of administrative authorities regardless of the absence of any material to connect the applicants with the commission of any offence.

(vi) That the investigation under the Prevention of Corruption Act is being carried by local police beyond the jurisdiction of the Act. However, Police Station Anti Corruption Bureau, Srinagar has territorial jurisdiction over the offences committed under Prevention of Corruption Act pertaining to Ladakh. Since the FIR stands registered at Police Station, Leh, the local courts would lack the jurisdiction of entertaining the anticipatory bail. Therefore, the applicants are constrained to invoke the jurisdiction of this Court.

2. Learned counsel for the applicants are entitled to protection under Section 17A and 19 of the Prevention of Corruption Act as well as Section 197 Cr.PC. The inherent protection conferred on public servants under Section 17A grants protection against any kind of inquiry or investigation sought to be launched under the Prevention of Corruption Act without the permission of the government. Respondent- Investigating Agency in order to circumvent the mandatory statutory protection has restored to investigation beyond the purview of Prevention of Corruption Act. Furthermore, it has been urged that the police concerned have adopted the inquiry report formulated by the administrative authority for the registration of the FIR which does not in any manner nominate the applicants. The inquiry report is reproduced in the FIR and since the names of the applicants do not exist in the elaborate report nor any element of conspiracy is introduced in the FIR, therefore, the exercise undertaken by the police to cause arrest is a misuse of powers. There is absolutely no involvement of the petitioners manifested either by the departmental inquiry report or by the contents of the FIR. Thus, it has been prayed that the interim bail granted to the applicants may be made absolute.

3. It seems that