High Court order quashing FIR in corruption case set aside
The economic offences wing of the State of Chhatisgarh had filed an FIR against two senior government servants under the Prevention of Corruption Act.The allegations against them were regarding their having assets disproportionate to their income.
The High Court of Chhattisgarh quashed the FIR against the accused on the basis of the FIR being based on probabilities.
The Supreme Court set aside the order of the High Court of Chhatisgarh on the basis of the FIR disclosing a cognizable offence being sufficient for the investgation against the accused to be initiated.The Supreme Court specified that the quashing of the FIR should only be resorted to in the rarest of rare cases where the FIR is manifestly malafide and the ingredients of the alleged offence are not satisfied.
THE STATE OF CHATTISGARH & ANR. … APPELLANTS
VS.
AMAN KUMAR SINGH & ORS. ETC. ETC. … RESPONDENTS decided by the Supreme Court on March 1, 2023.
Section 19 in The Prevention of Corruption Act, 1988
19. Previous sanction necessary for prosecution. —
(1) No court shall take cognizance of an offence punishable under sections 7, 10, 11, 13 and 15 alleged to have been committed by a public servant, except with the previous sanction,—
(a) in the case of a person who is employed in connection with the affairs of the Union and is not removable from his office save by or with the sanction of the Central Government, of that Government;
(b) in the case of a person who is employed in connection with the affairs of a State and is not removable from his office save by or with the sanction of the State Government, of that Government;
(c) in the case of any other person, of the authority competent to remove him from his office.