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2020 (2) TMI 804 - HC - Indian LawsMaintainability of FIR registered - disproportionate assets or not - excess value of property shown - contention of the petitioners is that the sale price realized is One Crore, there is no justification to reduce the same by a sum of ₹ 27.50 lakhs - HELD THAT:- This Court concludes that the F.I.R. is registered without application of mind by the respondents, in a mechanical and whimsical manner. It is evident that the respondents did not provide any prima facie material to sustain a charge under Section 109 of I.P.C., and Section 13 (1) (e) of the Prevention of Corruption Act and the F.I.R. is unsustainable on its very face even without considering the evidence of the petitioners. By omission to conduct a preliminary enquiry, the respondents have simply acted upon the unverified Source Information contrary to the mandatory rules of the C.B.I. Manual. On this F.I.R., if any investigation is now proceeded with, it will be a futile, meaningless and vexatious exercise. This Court finds that the F.I.R. is liable to be quashed and is hereby quashed - Petition allowed - decided in favor of petitioner.
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