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Supreme Court of India 2021-03-24 dismissed

Charansingh vs State of Maharashtra and others

Bench: 2 — Dr. Dhananjaya Y. Chandrachud, M.R. Shah

In Brief

A former Municipal Council President challenged a notice from the Anti-Corruption Bureau requiring him to disclose property details during a preliminary enquiry into allegations of accumulating assets disproportionate to his income. The Court upheld the preliminary enquiry as legally permissible in corruption cases before FIR registration. The statement given during such enquiry cannot be used as a confessional statement and serves to clarify allegations, protecting the accused's interests. The enquiry must follow statutory procedures and be confined to ascertaining whether a cognizable offence is disclosed, not verifying allegations. The appeal was dismissed with clarifications that the statement is only for preliminary assessment.

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Criminal Procedure Anti-Corruption Public Servants Prevention of Corruption Act Constitutional Rights Pre-FIR Investigation Preliminary Enquiry Assets Disproportionate to Income

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