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Charansingh vs. State of Maharashtra & Ors. (SC)

44.00 4.40

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Prevention of Corruption Act, 1985–Sec. 13(1)(e)–Preliminary enquiry–Requirement of–An enquiry at pre-FIR stage is held to be permissible and not only permissible but also desirable, more particularly in cases where the allegations are of misconduct of corrupt practice acquiring the assets/properties disproportionate to the known sources of income–After the inquiry/inquiry at pre-registration of FIR stage/preliminary enquiry, if on the basis of material collected during such enquiry, it is found that the complaint is vexatious and/or there is no substance at all in the complaint, the FIR shall not be lodged–However, if the material discloses prima facie a commission of offence alleged, the FIR will be lodged and the criminal proceedings will be put in motion and the further investigation will be carried in terms of the Code of Criminal Procedure.