PRADEEP NIRANKARNATH SHARMA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Leave granted.

(2.) The present appeal has been filed challenging the judgment and order dtd. 31/1/2024 passed by the High Court of Gujarat in R/Special Criminal Application (Direction) No. 1321 of 2024, whereby the High Court dismissed the appellant's plea seeking a writ of mandamus directing the respondent authorities to conduct a preliminary inquiry before registering any First Information Report [FIR] against him for acts performed in his official capacity.

(3.) The facts leading to the present appeal are that the appellant is a retired Indian Administrative Service (IAS) officer who served in various administrative capacities, including as the Collector of Kachchh District, Gujarat, between 2003 and 2006. Several FIRs have been registered against the appellant in connection with alleged irregularities in land allotment orders passed during his tenure as the Collector. The allegations against the appellant primarily pertain to abuse of official position, corrupt practices, and financial irregularities in the allotment of government land. It is pertinent to note that the first FIR in this regard was registered in 2010, followed by successive FIRs lodged against the appellant. The appellant has remained in judicial custody over the course of this period in connection with these cases, and trials are ongoing before competent Courts.