Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Prevention of Corruption Act Importance of preliminary enquiry Quashing of FIR 1988 . isproportionate assets case |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Prevention of Corruption Act, 1988 (49 of 1988) Constitution of India, Indian Penal Code (45 of 1860) Code of Criminal Procedure, 1973 (2 of 1974) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Constitution of India – Art. 226 – Prevention of Corruption Act, 1988 – ss. 13(1)(b), (2) – FIR registered against one ‘AS’ and his wife ‘YS’ – FIR quashed by High Court – Justification of – Held: In the present case, FIR does make out a case of cognizable offence having been committed by ‘AS’ and ‘YS’ – Power of quashing a criminal proceeding should be exercised very sparingly and with circumspection and that too in the rarest of rare cases – Whenever its powers are invoked either u/Art. 226 or s. 482, CrPC for quashing an FIR/complaint, the Courts would not be justified in embarking upon an enquiry as to the probability, reliability or genuineness or otherwise of the allegations made therein – An FIR can be registered merely on suspicion thus, the High Court ought to have realized that the FIR which according to it was based on “probabilities” ought not to have been interdicted – An FIR based on “probability” of a crime having been committed is of a higher degree as compared to the one lodged on a “mere suspicion” that a crime has been committed – Extraordinary or inherent powers do not confer an arbitrary jurisdiction on the court to act according to its whim or caprice – High Court erred in quashing the FIR – Impugned judgment set aside – Code of Criminal Procedure, 1973 – s. 482 – Penal Code, 1860 – s. 120-B.Prevention of Corruption Act, 1988 – Disproportionate assets case – FIR registered against one ‘AS’ and his wife ‘YS’, public servants – Political vendetta alleged against ‘AS’, who was the Principal Secretary to the Chief Minister in the previous regime – Held: Allegations levelled were vague and general – Mala fide motives are required to be affirmatively pleaded and proved – However, if criminal prosecution is based upon adequate evidence and the same is otherwise justifiable, it does not become vitiated on account of significant political overtones and mala fide motives – No cogent grounds for quashing the FIR in the present case even on the ground of mala fide.Prevention of Corruption Act, 1988 – Quashing of FIR – Approach of High Courts – Held: Considerations that apply to quashing of FIRs pertaining to offences punishable under general penal statutes ex proprio vigore may not be applicable to a P.C. Act offence – In cases under the P.C. Act, the proper course for the high courts would be to permit the investigation to be taken to its logical conclusion and leave the aggrieved party to pursue the remedy made available by law at an appropriate stage.Prevention of Corruption Act, 1988 – Disproportionate assets case – Importance of preliminary enquiry – Discussed. Criminal Law – Inept drafting of FIR – Effect of – Discussed. |
Judge | Hon'ble Mr. Justice Dipankar Datta |
Neutral Citation | 2023 INSC 189 |
Petitioner | The State Of Chattisgarh & Anr |
Respondent | Aman Kumar Singh & Ors. Etc. Etc |
SCR | [2023] 2 S.C.R. 134 |
Judgement Date | 2023-03-01 |
Case Number | 646 |
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