Allahabad HC Restrains Arrest of Public Servant in Corruption Case
The petitioner's counsel argued that the FIR had been lodged without a preliminary inquiry and in light of the top court's ruling in Lalita Kumari, it was unsustainable in the eyes of law.
The Allahabad High Court recently, as an interim measure, restrained the police from arresting a public servant in a corruption case, provided he cooperates in the investigation.
The division bench of Justice Mahesh Chandra Tripathi and Justice Narendra Kumar Johari passed the order in a writ petition moved by the public servant alleging that the FIR against him had been lodged without a preliminary inquiry.
The petitioner, working as a public servant, had approached the high court for quashing the First Information Report lodged against him under Sections 3/7 of the Essential Commodities Act, Section 409 of the Indian Penal Code, and Section 13 of the Prevention of Corruption Act.
Placing reliance on the Supreme Court judgment in Lalita Kumari v. Government of UP (2014) and P Sirajuddin v. State of Madras (1970), Advocate Shashwat Anand, appearing for the petitioner, asserted that lodgement of an FIR against the petitioner in the absence of a preliminary inquiry by the police was unsustainable in the eyes of law.
He argued that in Lalita Kumari, the category of cases in which preliminary inquiry may be made is defined and that includes corruption cases.
Apart from that, he contended that so far as the offences were concerned, there was no allegation in the first information report that the petitioner had dishonestly or fraudulently misappropriated or otherwise converted any property for his own use, thus, the offences as alleged were not made out against the petitioner.
On the contrary, the Additional Government Advocate(AGA), argued that the FIR against the petitioner was maintainable and the fact-finding inquiry by a four-member inspection committee may be taken to suffice the requirement of preliminary inquiry as per the judgment in Lalita Kumari.
Considering the facts and circumstances of the case, the High Court directed the AGA to seek instructions and posted the matter on November 16 for further hearing.
Meanwhile, as an interim measure, Court restrained the police from arresting the petitioner till the next date of listing, or till submission of the police report on completion of investigation under Section 173 (2) CrPC, whichever is earlier.