Cops attcahed to ACB have lawful authority to register FIR: Karnataka HC

BENGALURU: The

Karnataka high court

has said that the police inspectors attached to

Anti-Corruption Bureau

(ACB) have

lawful authority

to register first information report (FIR) and also investigate cases registered under the

Prevention of Corruption Act

, 1988.

Vacating the interim orders granted in respect of several government servants,

Justice John Michael Cunha

has noted that the FIRs in question were registered by the police inspectors attached to ACB as officers in charge of the police stations and the same is in accordance with section 154 of

Criminal Procedure Code

.

The Judge has also added that even otherwise, the embargo contained under section 19(3) of Prevention of Corruption Act warrants vacating of those interim orders as courts are barred from interfering with statutory power of police to conduct investigation in cognizable offences.

T R Shivaramu and others had claimed that by virtue of April 21,2016 notification police inspectors attached to ACB were given power to investigate corruption cases but they were not authorized to register cases as they were not declared as a police station and only DySP’s were vested with that power (police station)through a notification in March 2016.


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