Case Note & Summary
The petitioner, Ningappa G @ Ningappa Savant, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.PC) / Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) seeking quashing of FIR No. 28/2025 registered by the Lokayukta Police Station, Bangalore City, for alleged offences under Sections 7(a) and 7A of the Prevention of Corruption Act, 1988 (PC Act). The FIR was based on a complaint lodged by the Superintendent of Police (Co-ordination and Training), Lokayukta, on 30.05.2025, alleging that the petitioner, a public servant, had demanded and accepted a bribe. The complaint was referred through the ADGP, Lokayukta, to the Superintendent of Police, who directed an enquiry by the Police Inspector. Based on the enquiry report, the Dy.S.P registered the FIR. The petitioner contended that the FIR was registered without obtaining prior sanction under Section 17A of the PC Act, which is mandatory before any investigation against a public servant. The court examined the provisions of Section 17A of the PC Act, which requires prior approval from the competent authority before conducting any enquiry or investigation into offences alleged to have been committed by a public servant. The court found that no such sanction was obtained prior to the registration of the FIR. The court held that the requirement under Section 17A is mandatory and non-compliance renders the FIR void ab initio. Consequently, the court allowed the petition and quashed the FIR. The court also noted that the petition was filed under Section 482 Cr.PC / 528 BNSS, which empowers the High Court to quash proceedings to prevent abuse of process of law.
Headnote
A) Criminal Procedure - Quashing of FIR - Section 482 Cr.PC / 528 BNSS - Lack of Sanction - FIR registered under Sections 7(a) and 7A of Prevention of Corruption Act, 1988 without prior approval under Section 17A of the PC Act is void ab initio - Held that the mandatory requirement of Section 17A of the PC Act, which mandates prior sanction from the competent authority before investigation against a public servant, was not complied with, rendering the FIR unsustainable (Paras 1-5).
Issue of Consideration
Whether the FIR registered against the petitioner, a public servant, without prior sanction under Section 17A of the Prevention of Corruption Act, 1988 is liable to be quashed?
Final Decision
The petition is allowed. The impugned FIR in Crime No.28/2025 registered by the Lokayukta Police Station, Bangalore City, pending on the file of 23rd Addl. City Civil and Sessions and Special Court at Bangalore for offences under Sections 7(a) and 7A of the Prevention of Corruption Act, 1988, is quashed.
Law Points
- Sanction for investigation under Section 17A of Prevention of Corruption Act
- 1988 is mandatory prior to registration of FIR against a public servant
- Quashing of FIR under Section 482 Cr.PC / 528 BNSS for lack of sanction
- FIR registered without prior approval is void ab initio
