NATUBHAI G PATEL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. By consent, Rule returnable forthwith and heard finally.

(2.) Heard Counsel for the parties. This petition is for quashing of FIR registered against the petitioner for offence punishable u/s 13(1)(e) r/w 13(2) of the Prevention of Corruption Act, 1988. The FIR is registered in respect of acquisition and possession of disproportionate assets than the known source of income of the petitioner for the financial years 2001 to 2009. In the FIR, it is mentioned that as against the income of Rs.1,22,68,613/- and loan amount of Rs.17,97,627/-, the petitioner has amassed assets to the tune of Rs.1,56,38,257/- and has incurred expenditure of Rs.2,07,03,417/-. On that basis, the disproportion of assets and expenditure combined together is stated to be to the tune of Rs.2,18,96,689/- than the known source of income.

(3.) The first point canvassed before us is that the FIR has been registered merely on the basis of some credible information as can be discerned from the statement in the FIR itself. No preliminary enquiry was conducted before the registration of the FIR which is the norm for registering offence against the public servant such as Member of Parliament, punishable under the provisions of Prevention of Corruption Act.