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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....
The main legal point established in the judgment is that the prosecution of a public servant can be quashed if the alleged disproportionate assets are reduced to less than 10% of the total income, an....
Assets valued under 10% of total income do not substantiate a case for disproportionate assets, warranting quashing of proceedings under inherent powers to prevent abuse of process.
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 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....
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