D. ANIL Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) In these writ petitions, petitioners have sought for the following reliefs: A. Issue of writ of certiorari or any other writ by quashing the FIR filed by the respondent in Bangalore CBI/ACB/BLR 2019 RC 06 (A) 2019 dated 10.4.2019 pending on the file of 21st Additional City Civil and Sessions Judge and the Special Judge for CBI cases, Bangalore produced as Annexure-E to the writ petition. B. To pass any order as this Honble Court deems fit in the facts and circumstances of the case in the interest of justice and equity.

(2.) Petitioners are officials of the Customs Department. There are serious allegations leveled against them and others relating to demand of bribe of 'ten lakhs to release the goods imported by the complainant pertaining to supply of entry No.2485629 and 2480044 dated 4.9.2015. Such complaint has been filed by the complainant along with documents relating to video graphy evidence and it was alleged to have authenticated by Director General of Vigilance Customs, Hyderabad pursuant to the advice from Central Vigilance Commission.

(3.) Learned counsel for the petitioners questioned the validity of FIR on the ground that there is non-adherence to Section 17A of the Prevention of Corruption Act,1988 (in short 'PC Act) incorporated on 26.7.2018. That before enquiry is commenced approval of competent authority was required and it has not been taken in other words before filing FIR and holding of preliminary enquiry/investigation.