LAKSHMIKANTHA S.G. Vs. THE STATE AND ORS.

JUDGEMENT

(1.) A nice question of law is raised which arises for consideration in this petition is, Whether conversation of the accused recorded in support of the allegation for the offence under the Prevention of Corruption Act, prior to registration of FIR amounts to preliminary enquiry or investigation?

(2.) Undisputed facts of the case, the petitioner is working as Junior Engineer/Section Officer in Chamundeswari Electricity Supply Company Limited.

(3.) Sri. M.S. Bhagawat, learned counsel for the petitioner submits that FIR registered on the basis of the conversation recorded in the voice recorder alleging that the accused demanded illegal gratification from the contractor is wholly illegal and against mandatory requirement under Sec. 154 of Cr.P.C. and it amounts to investigation. Before registering the FIR, no investigation is permissible. Consistently, this Court has held that conducting of search/raid prior to registration of FIR is illegal. Since IO commenced investigation even before registration of FIR, entire proceedings is vitiated. The allegations made in the complaint taken on its face value do not constitute any offence against the petitioner. There is no demand or acceptance of illegal gratification. Mere proof of receipt of money will not make out an offence under the provisions of PC Act. Inherent power of this Court may be exercised to quash the criminal proceeding which is illegally initiated against the petitioner.