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2021 (10) TMI 1376 - SC - Indian LawsPossession (allegedly) of assets disproportionate to known sources of income - offences punishable Under Section 13(2) read with Section 13(1)(e) of the Prevention of Corruption Act 1988 (PC Act) and Section 109 of the Indian Penal Code 1860 (IPC) - HELD THAT:- In the present case, the Appellant is challenging the very "source" of the Respondents' income and the questioning the assets acquired by them based on such income. Hence, at the stage of quashing of an FIR where the Court only has to ascertain whether the FIR prima facie makes out the commission of a cognizable offence, reliance on the documents produced by the Respondents to quash the FIR would be contrary to fundamental principles of law. The High Court has gone far beyond the ambit of its jurisdiction by virtually conducting a trial in an effort to absolve the Respondents - The investigation is stated to be at an advanced stage and is likely to conclude within a period of two to three months. At the same time, the Court has been assured by the ASG on the instructions of the Investigating Officer that before concluding the investigation, the first and second Respondents will be called in order to enable them to tender their explanation in respect of the heads of Disproportionate Assets referred to in the FIR. The only infirmity pointed out by the Respondents which has been acceded to by the Appellant is in relation to the addition of the value of the elevator separately when the whole house had already been valued. However, by itself, it only being a value of Rs. 10 lakhs, this will not be enough to take away the whole basis of the Disproportionate Assets case against the Respondents. Hence, at this stage, the FIR against the Respondents cannot be quashed and it is held that the Appellant's investigation pursuant to it shall continue. The impugned judgment dated 11 February 2020 of the Single Judge of the Telangana High Court quashing the FIR and any proceedings pursuant to it, are set aside - appeal allowed.
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