Patna High Court has refused to quash the FIR against Amit Lodha, a senior Indian Police Service (IPS) officer, in a case concerning disproportionate assets (DA). The court has directed the Special Vigilance Unit (SVU) to complete its investigation within six months, emphasizing the need for a thorough and fair probe.
Justice Rajeev Ranjan Prasad, while hearing the case, observed,
“In the present case, as per the allegations and the evidences which have been collected so far, it is contended that the petitioner has accumulated assets valued more than 7 crores even as his total income from all legal sources would not be more than 2 crores in gross without any deductions.”
This observation was made in light of the allegations against Lodha, a 1998 batch IPS officer, currently serving as the Inspector General, State Crime Records Bureau, Bihar, Patna.
Lodha had filed a criminal writ petition in December 2022, seeking to quash the FIR lodged against him on December 7, 2022. His plea was based on three grounds: (i) The allegations set out do not constitute the commission of any cognizable offence by the petitioner; (ii) The FIR and the entire criminal proceedings arising therefrom, including its investigation, is vitiated with malafide and will result in malicious prosecution, if allowed to continue; and (iii) The impugned FIR has been registered without obtaining mandatory sanction under Section 17A of the P.C. Act.
The court, upon examining the details of the case, found that the allegations against Lodha involved illicitly acquiring wealth as a public servant. It was alleged that there were regular transactions of money from the account of ‘Friday Story Tellers’ to the account of Komudi Lodha, Amit Lodha’s wife, on different dates related to the production of a film, with the ultimate beneficiaries being Amit Lodha, his wife, and his associates.
Justice Prasad asserted,
“The allegations are being investigated. The allegations, without adding or subtracting anything out of it, if taken on as it is, it cannot be said that no cognizable offence would be made out.”
He further remarked,
“At this stage, this Court is of the considered opinion that the contention of the SVU that the scrutiny of available government records available in public domain reveal that the accused has acquired huge movable/immovable properties which is over and above and have been illicitly acquired, cannot be examined by this Court by holding a pre-matured trial.”
The court also addressed the submission by Lodha’s counsel regarding the FIR’s lodging without a preliminary inquiry, stating,
“it is well settled that if the source informations are credible and those indicate towards commission of a cognizable offence, the accused cannot be allowed to take a plea that no FIR could have been registered without holding a preliminary inquiry.”
In its directive, the court emphasized,
“The investigating agency i.e. SVU shall ensure that the investigation be conducted in proper and fair manner in accordance with law. The investigation must be fair and in no case the pending investigation be allowed to be used as ruse for targeted harassment. The petitioner shall be obliged to cooperate with the investigating agency as and when required.”
This decision marks a significant stance in the fight against corruption, underscoring the judiciary’s commitment to ensuring that allegations of illicit wealth accumulation by public servants are thoroughly investigated. The case, titled “Amit Lodha vs The State Of Bihar,” sets a precedent in handling high-profile corruption cases, reinforcing the importance of due process and fair investigation in the Indian legal system.