Case Note & Summary
The petitioner, an Assistant Executive Engineer in the Public Works Department and currently functioning as Assistant Director of Town Planning, Yelahanka Zone, Bangalore, filed a writ petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973, seeking quashment of FIR No.20/2023 registered by the Karnataka Lokayukta Police on 21.04.2023 for offences under Sections 12, 13(1)(b) and 13(2) of the Prevention of Corruption Act, 1988, and the consequent source information report dated 21.04.2023. The FIR was registered based on a source information report prepared by the Lokayukta Police, and a raid was conducted on the petitioner's house on 24.04.2023, leading to seizure of certain articles. The petitioner contended that the source information report did not contain any credible material or specific allegations to justify registration of the crime, and that the entire proceeding was an abuse of process of law. The respondent argued that the source information report was sufficient to register the FIR and that the investigation should be allowed to proceed. The court examined the source information report and found that it merely stated that the petitioner was in possession of disproportionate assets without any supporting material or verification. The court held that registration of FIR based on such a vague and unverified source information report is illegal and cannot be sustained. The court quashed the FIR and all consequential proceedings, including the source information report and the seizure panchanama.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Source Information Report - FIR registered solely on basis of source information report without any verification or credible material is liable to be quashed - Held that the source information report did not contain any specific allegations or material to justify registration of crime, and the subsequent raid and seizure were without lawful basis (Paras 1-10).
Issue of Consideration
Whether the registration of FIR based on a source information report without any credible material or prior verification is sustainable in law?
Final Decision
The court allowed the writ petition and quashed the FIR in Crime No.20/2023 registered by the Karnataka Lokayukta Police, the source information report dated 21.04.2023, and all further proceedings pursuant thereto.
Law Points
- Registration of FIR based on source information report without verification is illegal
- Source information report must contain credible material
- Power to quash FIR under Section 482 CrPC and Article 226 of Constitution
- Prevention of Corruption Act
- 1988 Sections 12
- 13(1)(b)
- 13(2)
Case Details
2023 LawText (KAR) (07) 42
Writ Petition No.11822 of 2023 (GM - RES)
Sri Sandesh J. Chouta, Senior Advocate, Sri Sharath S. Gowda, Advocate for petitioner; Sri B.B. Patil, Special Public Prosecutor for respondent
The Karnataka Lokayuktha Police
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Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India read with Section 482 of CrPC seeking quashment of FIR and source information report.
Remedy Sought
Quashment of FIR No.20/2023 dated 21.04.2023, source information report dated 21.04.2023, and all further proceedings pursuant thereto.
Filing Reason
The petitioner challenged the registration of FIR based on a source information report that lacked credible material and was an abuse of process of law.
Issues
Whether the registration of FIR based on a source information report without any credible material or prior verification is sustainable in law?
Whether the source information report contained specific allegations to justify registration of crime under the Prevention of Corruption Act?
Submissions/Arguments
Petitioner argued that the source information report did not contain any credible material or specific allegations, and the registration of FIR was illegal and an abuse of process.
Respondent argued that the source information report was sufficient to register the FIR and investigation should be allowed to proceed.
Ratio Decidendi
Registration of FIR based on a source information report that lacks credible material or prior verification is illegal and cannot be sustained. The source information report must contain specific allegations and supporting material to justify registration of crime.
Judgment Excerpts
The petitioner is before this Court calling in question registration of crime in Crime No.20 of 2023 registered by the Karnataka Lokayukta Police under Sections 12, 13(1)(b) and 13(2) of the Prevention of Corruption Act, 1988.
Based upon the said source information report, on 24-04-2023 in wee hours of the morning, the Police conduct a raid on the house of the petitioner and draw up a seizure panchanama.
Since no further proceedings have happened, the petitioner is before this Court calling in question registration of crime, which was on the basis of source information report.
Procedural History
On 21.04.2023, the Karnataka Lokayukta Police registered Crime No.20/2023 based on a source information report. On 24.04.2023, a raid was conducted on the petitioner's house. The petitioner filed the present writ petition on an unspecified date, which was heard and reserved for orders on 25.07.2023, and pronounced on 28.07.2023.
Acts & Sections
- Prevention of Corruption Act, 1988: 12, 13(1)(b), 13(2)
- Code of Criminal Procedure, 1973: 482
- Constitution of India: 226, 227
