Back
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
J.SREENIVAS RAO
Indur Jagadeesh – Appellant
Versus
State Of Telangana – Respondent
ORDER :
J.SREENIVAS RAO, J.
This Criminal Petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (for short, ‘Cr.P.C.’) by the petitioner/accused seeking to quash the proceedings in FIR No.07/RCA-ACB-NZB/2022 of ACB Police Station, Nizamabad Range, registered for the offence under Section 13 (1)(b) r/w 13(2) of the Prevention of Corruption Act, 1988 (as amended in 2018) (hereinafter referred to as, ‘the Act’).
2. Brief facts of the case:
2.1 The case of the prosecution is that, consequent to the case registered against the petitioner vide Crime No. 5/RCO/ACB-NZB/2020, for the offences under Sections 7 (a), 7(c) and 12 of the Act, and Sections 417 and 120-B read with 34 of IPC, searches were conducted on 25.11.2020 at the residence of the petitioner and two other accused and certain other locations, including Locker No.7 at Axis Bank, Kanteshwar Branch, Nizamabad, jointly held by the petitioner and his wife, wherein it is found that the petitioner is in possession of huge net cash of Rs.34,40,200/- apart from gold and silver, for which he could not account satisfactorily.
2.2 It is further case of the prosecution that the petitioner while working as public
The court upheld that a second FIR can be maintained if substantial new evidence or distinct allegations arise, confirming the validity of proceedings regarding disproportionate assets under the Prev....
FIR was quashed due to failure to conduct a preliminary enquiry and non-compliance with the Prevention of Corruption Act and related guidelines.
Preliminary enquiry is not mandatory before FIR registration under the Prevention of Corruption Act; a prima facie case allows for investigation without prior inquiry.
The main legal point established in the judgment is the requirement for a fair investigation, active consideration of materials before framing charges, and the duty to prevent abuse of the court's pr....
The court emphasized that the prosecution must accurately verify and establish facts regarding disproportionate assets before filing charges, stressing the burden of proof lies with the prosecution.
The FIR must disclose a prima facie case of commission of the alleged offenses. An investigation cannot be initiated without conducting a preliminary inquiry, which is mandatory as per the judgment o....
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 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....
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
