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IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
ABDUL MOIN, PRAMOD KUMAR SRIVASTAVA
Deena Nath Yadav – Appellant
Versus
State Of U.P. Thru. Prin. Secy. Deptt. Home, Confidential And Vigilance, Lko. – Respondent
JUDGMENT :
1. Heard learned counsel for the petitioner and Sri Anurag Verma, learned AGA-I appearing on behalf of the respondents no. 1 to 3.
2. Under challenge is the First Information Report dated 17.12.2025 registered as Case Crime No. 0028 of 2025 under Sections 13 (1) (b) and 13 (2) of Prevention of Corruption Act, 1988 (In short "Act, 1988") at Police Station- Lucknow Sector (Vigilance Commission), Lucknow, a copy of which is annexure 1 to the writ petition. 3. Contention of learned counsel for the petitioner is that a perusal of the allegations as levelled in the impugned First Information Report which has been lodged under the provisions of Sections 13 (1) (b) and 13 (2) of the Act, 1988 would indicate that in an open inquiry, it has emerged that the petitioner has been found to have spent an amount of Rs. 2.51 Crores & odd instead of his earning from all legal and valid sources which amounted to Rs. 1.95 Crores & odd i.e the petitioner has been found to have spent Rs. 55,00,000/- and odd in excess which conduct of his falls within the ambit of Section 13 (1) (b) read with Section 13 (2) of the Act, 1988. This has emerged on the basis of open inquiry report no. ANU-2-KHULI-86
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....
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.
Preliminary enquiry is not mandatory before FIR registration under the Prevention of Corruption Act; a prima facie case allows for investigation without prior inquiry.
(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....
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