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2012 (7) TMI 1129 - SC - Indian LawsPossession (allegedly) of assets disproportionate to known sources of income - offences punishable U/s 13(2) r/w Section 13(1)(e) of the Prevention of Corruption Act 1988 (PC Act) - Validity of FIR Lodged by CBI - the Petitioner is aggrieved of second FIR being No. R.C. 0062003A0019 dated 05.10.2003. It is also clear that the Petitioner has assailed the said FIR on the ground that there was no direction by this Court in its order dated 18.09.2003 which could have empowered the CBI to lodge two FIRs. HELD THAT:- the 'compilation', we are satisfied that this Court being the ultimate custodian of the fundamental rights did not issue any direction to the CBI to conduct a roving inquiry against the assets of the Petitioner commencing from 1995 to 2003 even though the Taj Heritage Corridor Project was conceived only in July, 2002 and an amount of ₹ 17 crores was released in August/September, 2002. The method adopted by the CBI is unwarranted and without jurisdiction. We are also satisfied that the CBI has proceeded without proper understanding of various orders dated 16.07.2003, 21.08.2003, 18.09.2003, 25.10.2003 and 07.08.2003 passed by this Court. We are also satisfied that there was no such direction relating to second FIR, namely, FIR No. R.C. 0062003A0019 dated 05.10.2003.We are satisfied that there was no such finding or satisfaction recorded by this Court in the matter of disproportionate assets of the Petitioner on the basis of the status report dated 11.09.2003 and, in fact, the Petitioner was not a party before this Court in the case in question. From the perusal of those orders, we are also satisfied that there could not have been any material before this Court about the disproportionate assets case of the Petitioner beyond the Taj Corridor Project case and there was no such question or issue about disproportionate assets of the Petitioner. In view of the same, giving any direction to lodge FIR relating to disproportionate assets case did not arise. CBI is not justified in proceeding with the FIR No. R.C. 0062003A0019 dated 05.10.2003. we hold that in the absence of any specific direction from this Court in the order dated 18.09.2003 or any subsequent orders, the CBI has exceeded its jurisdiction in lodging FIR No. R.C. 0062003A0019 dated 05.10.2003. The impugned FIR is without jurisdiction and any investigation pursuant thereto is illegal and liable to be quashed, accordingly quashed. The writ petition is allowed.
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