1 week ago
Patna High Court Quashes DSP’s Disproportionate Assets FIR
A police officer in Bihar was accused of owning more assets than his income could explain.
The accusation was recorded in a police case in 2022.
The officer said investigators had left out his certified farming income.
He also said some assets belonging to relatives were wrongly counted as his.
The state argued that he did not own agricultural land and had not shown proof for certain family loans.
The Patna High Court said the case did not have enough basic evidence to support it.
The court also noted that investigators had not filed a chargesheet after nearly four years.
It therefore cancelled the FIR against the officer.
The Patna High Court quashed a 2022 FIR against DSP Ranjeet Kumar Rajak.
The FIR alleged assets of Rs 63.79 lakh, or 81.9% above lawful income.
The court said documented agricultural income of Rs 34.55 lakh was excluded.
It found no preliminary material linking family assets to Rajak.
The investigation remained inconclusive for nearly four years without a chargesheet.
- Who
- Deputy superintendent of police Ranjeet Kumar Rajak, the Bihar state authorities, and the Economic Offences Unit.
- What
- The Patna High Court quashed a 2022 FIR alleging disproportionate assets under the Prevention of Corruption Act.
- Where
- Patna, Bihar.
- When
- The FIR was registered in 2022; the court issued its ruling on August 25, with the year not stated.
- Why
- The court found that documented agricultural income was excluded, family assets were not adequately linked to Rajak, foundational material was lacking, and the investigation had remained inconclusive.
Rajak’s Arguments
State’s Arguments
Agricultural income
Rajak’s Arguments
Rajak said his certified agricultural income of Rs 34.55 lakh was disclosed in his income-tax returns but wrongly excluded from the calculation.
State’s Arguments
The state argued that no agricultural land stood in Rajak’s name.
Family assets and loans
Rajak’s Arguments
Rajak argued that assets belonging to relatives had been attributed to him and disputed family loans had been overlooked.
State’s Arguments
The state said there were no documents showing that Rajak’s wife had taken loans from her father and a friend.
Preliminary inquiry
Rajak’s Arguments
Rajak argued that the FIR was mechanically registered on the basis of an anonymous complaint without preliminary scrutiny.
State’s Arguments
The state maintained that a preliminary inquiry is not mandatory where a superior officer directs registration based on a detailed source report describing a cognisable offence.
Key facts
- Accused
- DSP Ranjeet Kumar Rajak
- FIR
- Registered in 2022 by the Economic Offences Unit, Bihar
- Alleged disproportionate assets
- Rs 63.79 lakh
- Alleged excess
- 81.9% above known lawful income
- Excluded agricultural income
- Rs 34.55 lakh for 2020-21 and 2021-22
- Checking period
- February 10, 2015, to September 5, 2022
- Investigation status
- Nearly four years had passed without a chargesheet
Quotes
Patna High Court
The High Court bench ruling on the evidentiary and investigative deficiencies in the FIR.
“The omission to account for the documented agricultural income of Rs 34.55 lakh, the absence of the detailed source material said to have formed the basis of the FIR, the failure to show a prima facie connection between the petitioner and the disputed family/third-party assets, and the continued inconclusive investigation, when considered together, materially undermine the foundation of the prosecution case.”
indianexpress.com
“The opposite parties (state authorities) have not shown, in the counter-affidavit, why the certified agricultural income was excluded or what material connects the disputed family assets to the petitioner.”
indianexpress.com
Sources
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