FIR can be filed without preliminary probe in corruption cases against public servants: SC
THE JHARKHAND STORY DESK Advertisement Advertisement New Delhi, Feb 24: In corruption cases, a preliminary investigation is not mandatory before filing…
THE JHARKHAND STORY DESK
New Delhi, Feb 24: In corruption cases, a preliminary investigation is not mandatory before filing an FIR against a public servant. This order was issued by the bench of Supreme Court judges Dipankar Datta and Sandeep Mehta during the hearing of the petition in the case of Karnataka Government vs. T.N. Sudhakar Reddy.
The Supreme Court’s decision will affect all government employees who are accused of corruption and are currently facing prolonged preliminary investigations. Now, an FIR can be filed directly against such government employees.
The Lokpal, after hearing a case related to corruption involving a public servant accused of acquiring disproportionate assets, ordered the filing of an FIR under various provisions of the Prevention of Corruption Act. Following this, an FIR was registered at the police station.
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After the FIR was registered, the public servant challenged it in the High Court. During the hearing, it was argued that the Prevention of Corruption Act requires a preliminary investigation before filing an FIR against public servants. It was claimed that this provision was violated when the FIR was registered against him.
After hearing the case, the High Court ordered the cancellation of the FIR. Subsequently, the Karnataka government filed an appeal in the Supreme Court. During the hearing of the government’s petition in the Supreme Court, the issue was considered whether a preliminary investigation is necessary before filing an FIR.
The Supreme Court heard the arguments of all parties and interpreted the earlier rulings. In its judgment, the apex court stated that in corruption cases, a preliminary investigation is not necessary before filing an FIR against public servants. Public servants also cannot demand a preliminary investigation.
