In my case, ACB AP registered a case by considering a check period from the date of joining service to [deleted] even though the date of searches/ registration of case is on February 2016. I haven't worked in any focal point job during during my entire service. Manipulation of the check period by ACB to supress the money received from my son from states: During the housesearches in 06.02.2016,officers of ACB have realised the fact that I have received an amount of about Rs.2.9 Crores from my eldest son through bank transactions, who is working in states. To supress the income of Rs.57,59,356/- I received in the year 2011 they limited the check period to year 2010. Even though they limited the check period I gave my explanation to the notice given. I have showed my all the incomes. All the immovable properties possessed and acquired by myself and my family members have been disclosed under Rule 9 of AP Civil Services Conduct Rules in my Annual Property Declaration in the year 2011to the department. As there are enough evidences on the purchase of assets through legal source of income, ACB made a deliberate attempt to register a case by boosting the expenditure hypocritically. Gist of the major flaws in the I.O’s calculations in the third notice: Expenditure overstated by I.O: Investigating Officer calculated Rs.12.49 lakhs for household expenditure that is 52% of my total salary drawn during the check period that doesn’t include house rent, medical expenses, educational expenses, travel expenses, phone bills, electricity bills, tax paid. In an identical ACB case: CR.NO.2/RCA-ATP/2010 IO calculated the household expenditure of the AO (Chief Engineer of projects) including house rents and all other expenses with the family of four including a daughter and son with the check period 03.1977 to 03.2010, lived in Hyderabad as Rs.6,11,170/-. Household articles were overstated by Rs 3.8 lakhs by deliberately stating 65% of all items in the house on 07.02.2016 were purchased just before the check period in the year 2008, 2009 and 2010. Ignored the manufacture date on the electronic items and the receipts provided. Investigating office estimated Rs.4 lakhs as my expense for conducting marriage of my eldest son in 2009 disregard the important fact that all the marriage arrangements were taken care by bride’s father. ACB ignored all my son’s salaries, money given by bride’s father and inappropriately assumed an expenditure of 4 lakhs for their marriage as my expesne. Gold ornaments brought by my two daughters-in-law included as my assets Rs18.5Lakhs. Eldest daughter-in-law residing in Australia. Even after providng the purchase receipts/bills by my daugher-in-law’s father still pretending as my assets. House upgrades worth Rs.3.3lakhs carried in 2012 was included in the check period. Construction bills were provided With all these evidences/ reasons will it make a good case for quash. Disproportionate asset is 37% as per ACB.
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Dear Cleint,
This is usual practice of investigating agency to estimate assets in bulge form and raw.
If assets purchased from known sources of income and bills available, probability to quash complaint is higher.
charge sheet file than file application u/s 227 of CrPC.
you have good case on merits
2) quashing is to be done only in exceptional circumstances
3) HC would be reluctant to quash and direct you to face trial and prove your innocence before trial court
Dear,
Yes it will. Talk to your lawyer and show all the evidences to him, it will be beneficial for you in
your case.
Hello,
If you can prove that misappropriation of asset has been done and may produce the receipts for the products that does not belong to you then the case may be quashed easily. You may note that also it might be a case that the case is not quashed but the police is re directed to assess the assets.
Tell the reason before the court as to why the misappropriation has been done by the investigation agency.
Regards
Yes it is but you need to make a prima facie case before HC.
You can file a petition seeking quash relying on the said details and more such documentary evidences.
If the high court is not entertaining the petition or in case of dismissal then these data will play a vital role while you would be defending your interest in the trial proceedings in the trial court.
NO, YOU HAVE TO FACE TRAIL. AS PER GIVEN FACTS, EXPECTING QUASH PROCEEDINGS IS NOT PROPER.
Thanks for your reply In my case, ACB AP registered a Disproportionate assets case by considering a check period from the date of joining service to year 2010, even though the date of searches/ registration of case is on February 2016. I haven't worked in any focal point job during during my entire service and I haven't acquired all my assets in the check period. Only intention to restrict check period is in the next my son had sent huge money to my account from his salary savings. However, they restricted almost 5yrs prior to the date they conducted searches and registeried the case accussing I may be in possession of disproportionate assets. My question is there any basis for taking a check period? For example if someone acquired several assets while working in a particular post. My second question is do the ACB Inspector has all the rights to consider a particular period without any basis? I don't have any issue to explain my income sources witnin check period but ACB Inspector is trying to make a case by showing the some of construction work carried out after the check period also in his charge sheet and showing the expenses incurred after check period also within. Boosting expenditure. Will it make a good quash case to file for below reasons 1) for adopting the check period without any basis 2) boosting expenditure & showing the expenses of subsequent years within the check period Thank you for your time and reply
quashing is to be done only in exceptional circumstances
2) HC is reluctant to quash FIR pending completion of investigations and filing of charge sheet
1. There is no basis for that but it will be on assumption of the wealth accumulated during a particular period where you have been posted to a revenue augmenting post.
2. This is part of their investigation to find out the facts. The IO can obtain permission or may even work in his ambit in the process of investigation within the powers conferred on him.
3. Let him submit his report, if you are confident about the merits in your side, you can challenge the same during trial proceedings.
4. That will not be strong reasons for seeking quash, the reasons what you justify may be taken up during trial proceedings but certainly not strong reasons for quash