Case Note & Summary
The State of Maharashtra filed a writ petition under Article 226 of the Constitution of India and Section 482 of the Code of Criminal Procedure, 1973, seeking to quash the 4th and 5th unnumbered paragraphs of FIR RC 2232021A0003 registered by the Central Bureau of Investigation (CBI) on 21st April 2021. The FIR was registered for offences under Section 120-B of the Indian Penal Code, 1860 and Section 7 of the Prevention of Corruption Act, 1988, as amended. The background of the case involves a separate FIR (CR No. 35/2021) registered at Gamdevi Police Station when a SUV laden with gelatine was found near the residence of a builder. The CBI's FIR alleged that public servants, including officers of the State of Maharashtra, conspired with the builder to extort money. The State contended that the impugned paragraphs of the FIR, which specifically named public servants and alleged corruption, were without jurisdiction as no prior approval under Section 17A of the Prevention of Corruption Act, 1988 was obtained before investigation. The court, after hearing arguments from Senior Advocate Rafique Dada for the State and Solicitor General Tushar Mehta for the CBI, held that Section 17A mandates prior approval for any investigation against a public servant for offences under the Prevention of Corruption Act. Since no such approval was obtained, the investigation against the public servants was invalid. The court allowed the petition and quashed the 4th and 5th unnumbered paragraphs of the FIR, while leaving the rest of the FIR intact.
Headnote
A) Criminal Procedure - Quashing of FIR - Section 482 CrPC, Article 226 Constitution - The State of Maharashtra sought quashing of portions of FIR alleging corruption against public servants - Court held that investigation without prior approval under Section 17A of Prevention of Corruption Act is invalid - Held that the impugned paragraphs are liable to be quashed (Paras 1-3). B) Prevention of Corruption - Sanction for Investigation - Section 17A Prevention of Corruption Act, 1988 - The FIR alleged that public servants conspired to extort money from a builder - Court found that no prior approval was obtained as required by Section 17A - Held that the investigation against public servants is vitiated and the offending paragraphs must be struck down (Paras 2-3).
Issue of Consideration
Whether the 4th and 5th unnumbered paragraphs of the FIR alleging criminal conspiracy and corruption against public servants can be quashed for lack of prior approval under Section 17A of the Prevention of Corruption Act, 1988?
Final Decision
The court allowed the petition and quashed the 4th and 5th unnumbered paragraphs of FIR RC 2232021A0003. The rest of the FIR remains intact.
Law Points
- Section 17A of Prevention of Corruption Act
- 1988 requires prior approval for investigation against public servants
- Section 482 CrPC for quashing FIR
- Article 226 of Constitution for writ jurisdiction
- Section 120-B IPC for criminal conspiracy
- Section 7 of Prevention of Corruption Act for demand of bribe
