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Supreme court judgement on corruption case (Criminal Law)

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Author : Anil

Posted On 12 February 2012 at 22:31

Hi Experts

Could any one know about the Supreme Court Judgement in which supreme Court has ordered "First to register FIR then investigate in corruption related matters otherwise it will be a contempt of court"

Please help on this , i need it urgently

Regards




Expert : Devajyoti Barman

Posted On 12 February 2012 at 23:14

Specify what acttually do you want?



Expert : Advocate. Arunagiri

Posted On 13 February 2012 at 07:40

There is a old ruling of the SC, which says the investigation starts with registration of the case (FIR) and the investigation culminates with the final report.

For investigation the registration of FIR is a must, without this the police can not do any investigation.



Expert : Kiran Kumar

Posted On 13 February 2012 at 07:57

a lot of law relating to Corruption has been interpreted by Hon'ble SC in Parkash Singh Badal's case but dont know whether the question registration of FIR prior to investigation has been dealt in this case or not....

otherwise u ll find ample law on the point how the investigation shall proceed in cognizable offences...



Expert : N.K.Assumi

Posted On 13 February 2012 at 09:13

FIR is the foundation of investigation and not the outcome of Investigation, that is the simple jurisprudence of our Criminal Justice. Otherwise it is better to file spot Charge sheet and NO FIR but spot charge sheet by the Police.



Expert : raj kumar makkad

Posted On 13 February 2012 at 09:27

The following citation somehow covers your query:

M.J. Jacob v. A. Narayanan & Ors.Civil Appeal No. 3611 of 2008 decided on March 6, 2009



Author : Anil

Posted On 13 February 2012 at 12:41

Hi

I have send a complaint to State Vigilance for DA assets against a Government employee after the primary enquiry they have registered a regular enquiry and the regular enquiry is pending from more than 8 months without any improvement

therefore i came to know that a judgement was delivered by Supreme Court in which it was stated that if prima Facie is made out in corruption case then first register an FIR and then Investigate the case otherwise it will be contempt of court

so basiclly i want that an FIR should be registered against that government servent in DA case but vigilance people are not doing it and in every reply they said that inquiry is in progress from last 8 months

Please suggest, what steps i can take

regards
Note:- Government servet has registred a false case against me under 498a



Expert : Thangapandian

Posted On 13 February 2012 at 14:43

dear anil., mr.kiran and mr.makkad provided two case laws..

have you read it? no mean just go through it, you can get any ideas..

then you van come back.. if you need,

-tom-



Author : Anil

Posted On 13 February 2012 at 20:21

Dear Experts these judgement not cover what exactly i am looking for

please suggest


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