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Non-conduct of preliminary enquiry cannot be reason to quash FIR against public servant in corruption case
Case Law Details
- Case Name
- State of Karnataka Vs Channakeshava.H.D (Supreme Court of India)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- Supreme Court of India
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State of Karnataka Vs Channakeshava.H.D (Supreme Court of India)
Supreme Court held that before proceedings against a public servant in the matters of corruption, a preliminary enquiry under the Prevention of Corruption Act, although desirable, is not mandatory. Thus, order quashing FIR for non-conduct of preliminary enquiry not tenable.
Facts- In the year 1998, respondent no.1 was appointed as an Assistant Engineer in Karnataka Power Transmission Corporation Limited. Later, he was promoted to the post of Executive Engineer in Bangalore Electricity Supply Corporation.
Accordin...
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