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 Chhatisgarh quashed the FIR against the accused on the basis of the FIR being based on prbabilities.

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.

By aor.sanjivnarang@gmail.com

Sanjiv Narang Adv. is an Advocate on Record in the Supreme Court of India. His qualifications include an LLB from University of Delhi and a Masters degree in Personnel Management from Panjab University,Chandigarh.In his more than 3 decades of experience, he has practiced law at the District, High Court and Supreme Court levels.He also has more than a decade of experience in the field of Management. He is the author of two books namely Laws for Women in India and Innovation, Why What and How.