THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.3460 OF 2009 DATED 31st JANUARY, 2011. BETWEEN : B.Subba Rao .. Petitioner-Accused and District Inspector & others ..Respondents THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.3460 OF 2009 ORDER: This Criminal Petition under Section 482 of the Code of Criminal Procedure is filed by the petitioner-accused seeking to quash the proceedings in F.I.R.No.19 dated 12.12.2008 on the file of the Anti Corruption Bureau, Vijayawada. Heard. Petitioner arrayed as an accused in the above said crime for an offence punishable under Section 13 (2) read with 13 (1) (e) of the Prevention of Corruption Act, 1988. The allegation as per the complaint is that during the check period from 1982 to 2008 the accused officer was found in possession of disproportionate assets worth Rs.41,46,779/- against the known sources of income. The learned counsel for the petitioner submitted that the investigating officer investigated the matter without taking into consideration the fact that the wife of the accused officer by name Padmavathi hails from rich family and she also own lot of properties even at the time of marriage and also he relied of some documents, which indicate that the petitioner’s wife is having independent income out of the properties concerned and also by way of selling the properties acquired by her through her parents, she purchased plots and lands in various places, whereas in FIR the investigation officer has stated that the petitioner’s wife is not having any separate income or any property, which clearly shows that the investigation officer without application of mind decided the issue against the accused officer. This Court is of the view that F.I.R. is not the end of the case and it is only to set the law in motion. On perusal of the record it is clearly evident that the said complaint is registered on the basis of the sources of information. Since the FIR has not reached finality, the investigating officer is directed to consider regarding the properties owned by the accused officer’s wife, value of the same and also the properties acquired by her by way of dispossessing the properties acquired at the time of marriage. This Court is of the definite view that the investigating officer after completion of the investigation will forward a letter to the accused officer to explain his sources of income regarding the disproportionate assets concerned so that the accused officer will have a right to explain his submissions even prior to filing of charge sheet, if any. In view of the same, the investigation officer is directed to consider all the documents and explanations submitted by the petitioner herein and decide the issue in accordance with law. With above direction, the Criminal Petition is disposed of. Miscellaneous petitions filed in this Criminal Petition, if any, shall stand closed. ________________________ JUSTICE RAJA ELANGO Dated : 31.01.2011 sur