Bihar Cadre Indian Police Service (IPS) officer Amit Lodha's attempt to quash the First Information Report (FIR) in a Disproportionate Asset (DA) case has been rejected by the Patna High Court. The court directed the Special Vigilance Unit (SVU) to conclude the investigation within six months.
Amit Lodha, a 1998 batch IPS officer currently serving as the Inspector General at the State Crime Records Bureau in Bihar, filed a criminal writ petition in December 2022, seeking to quash the FIR lodged against him on December 7, 2022. The court, presided over by Justice Rajeev Ranjan Prasad, dismissed Lodha's plea and emphasized the need to allow the investigation to proceed.
The allegations against Lodha involve the accumulation of assets exceeding 7 crores, surpassing his reported income of 2 crores from legal sources. The SVU, responsible for the investigation, reported that at least six more months would be required to conclude the case.
Justice Prasad stated, "In the facts and circumstances of the case, this Court finds no merit in this writ application. No interference is required by this Court to scuttle the investigation of the case." The court pointed out that the allegations included illicit acquisition of wealth as a public servant, involving transactions from the account of Friday Story Tellers to the account of Lodha's wife, Komudi Lodha.
The court refrained from evaluating the merits of the case prematurely, acknowledging that the allegations, if taken at face value, indicated a cognizable offense. The accusations also involved Lodha engaging in a private trade with a production house, allegedly earning around Rs. 49,62,372 through corrupt means.
Despite Lodha's attempts to provide explanations and justifications for the transactions with Friday Story Teller LLP, the court maintained that such details should be considered during the later stages of the legal process. The court rejected the argument that filing the FIR without a preliminary inquiry was a mala fide action, citing the credibility of source information as a sufficient basis for registration.
The court acknowledged that over a year had passed since the FIR was lodged, highlighting the ongoing investigation's duration. It directed the SVU to conclude the investigation within six months, emphasizing the importance of a fair and proper inquiry. The court cautioned against using the pending investigation for targeted harassment and called for Lodha's cooperation with the investigating agency.
In conclusion, the court clarified that its observations should not prejudice Lodha during the ongoing investigation, allowing him to present relevant pleas at the appropriate stages of the legal process. The decision underscores the court's commitment to a thorough and unbiased inquiry into the allegations against the IPS officer.
TAGS: Special Vigilance Unit (SVU) Inspector General State Crime Records Bureau Writ petition Investigation Allegations Cognizable offense
