Veracity Of Material Cannot be Tested When Cognizable Offence Disclosed: Kerala High Court

Team SoOLEGAL 5 Jan 2023 10:57am

Veracity Of Material Cannot be Tested When Cognizable Offence Disclosed: Kerala High Court

New Delhi: The Hon’ble Single Bench of Justice K Babu, Kerala High Court in its order dated 16.11.2022, while dismissing Cop’s plea for the quashing of the Corruption case held that the veracity Of material cannot be tested when cognizable offence is disclosed.

A Writ petition titled T.A. Abdul Sathar v. State of Kerela, W.P (Crl) No.407 of 2021was filed by a Police Officer seeking to quash an FIR registered by the Vigilance and Anti-Corruption Bureau alleging an offence punishable under section 7 of the Prevention of the Corruption Act, 1988.

The Hon’ble Court held that Petitioner failed to prove that the allegations levelled against the him that in the prosecution records made available do not disclose the ingredients of Section 7 of the Act, so the correctness of the allegations levelled in Petition is a matter to be tested during the course of the investigation. The Hon’ble Court rejected the contention raised in the Petition that the preliminary enquiry was required to be conducted before registering FIR

Tagged: Kerala High Court  
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