Mumbai: Corruption complaint filed against Securities Appellate Tribunal Registrar Jayant N Raje for doing corruption in issuing case number. A contempt petition filed by Sapan Shrivastava against SEBI Senior Advocate Chetan Kapadia for misleading statement in a appeal. When contempt petition filed he gave MA number in appeal . Applicant inform the registrar that the contempt petition should be numbered separately and quoted many high court and supreme court orders. To favor well-wishers he did not numbered matter separately. If it is numbered then names are displayed in case laws.
ACB Mumbai called the complainant and taken statement . As per complaint Jayant raje is taking advantage from few senior advocates to favor them . Complainant has requested ACB Mumbai to register FIR under section 7 and 13 Of PC act with Section 199 Of BNS. He also requested to do investigation of disproportionate assets of Jayant Raje as per SC Order Charan singh case.
preliminary enquiry against Officers as laid down by the Hon’ble Supreme Court in Charansingh v. State of Maharashtra & Ors., Criminal Appeal No. 363 of 2021 (Arising from SLP (Crl.) No. 6764/2020), judgment dated 24.03.2021.
ReplyDelete9. In the context of offences relating to corruption, in paragraph 117 in the case of Lalita Kumari (supra), this Court also took note of the decision of this Court in the case of P. Sirajuddin v. State of Madras (1970) 1 SCC 595 in which case this Court expressed the need for a preliminary enquiry before proceeding against public servants.
While expressing the need for a preliminary enquiry before proceeding against public servants who are charged with the allegation of corruption, it is observed in the case of P. Sirajuddin (supra) that “before a public servant, whatever be his status, is publicly charged with acts of dishonesty which amount to serious misdemeanour or misconduct of indulging into corrupt practice and a first information is lodged against him, there must be some suitable preliminary enquiry into the allegations by a responsible officer. The lodging of such a report against a person who is occupying the top position in a department, even if baseless, would do incalculable harm not only to the officer in particular but to the department he belonged to in general. If the Government had set up a Vigilance and Anti-Corruption Department as was done in the State of Madras and the said department was entrusted with enquiries of this kind, no exception can be taken to an enquiry by officers of this department”. It is further observed that “when such an enquiry is to be held for the purpose of finding out whether criminal proceedings are to be initiated and the scope thereof must be limited to the examination of persons who have knowledge of the affairs of the person against whom the allegations are made and documents bearing on the same to find out whether there is a prima facie evidence of guilt of the officer, thereafter, the ordinary law of the land must take its course and further enquiry be proceeded with in terms of the Code of Criminal Procedure by lodging a first information report”.
9.1 Thus, an enquiry at pre-FIR stage is held to be permissible and not only permissible but desirable, more particularly in cases where the allegations are of misconduct of corrupt practice acquiring the assets/properties disproportionate to his known sources of income. After the enquiry/enquiry at pre-registration of FIR stage/preliminary enquiry, if, on the basis of the 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 the offence alleged, the FIR will be lodged and the criminal proceedings will be put in motion and the further investigation will be carried out in terms of the Code of Criminal Procedure. Therefore, such a preliminary enquiry would be permissible only to ascertain whether cognizable offence is disclosed or not and only thereafter FIR would be registered. Therefore, such a preliminary enquiry would be in the interest of the alleged accused also against whom the complaint is made.
9.2 Even as held by this Court in the case of Superintendent of Police, CBI v. Tapan Kumar Singh (2003) 6 SCC 175, a GD entry recording the information by the informant disclosing the commission of a cognizable offence can be treated as FIR in a given case and the police has the power and jurisdiction to investigate the same……
Wow, partly understood
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