ACB's FIR against suspended CEO quashed, not interfering in such case would be miscarriage of justice- High Court

The High Court quashed the ACB FIR lodged against suspended Biofuel Authority CEO Surendra Rathod and his wife Shashi Rathod in a property case worth more than Rs 12 crore. The High Court said that the ACB had to investigate before the FIR, not doing so amounts to a miscarriage of justice and abuse of the legal process.
Justice Birendra Kumar gave this order on the petition of Surendra Rathod and Shashi Rathod. The court said – this is such an extraordinary case. Not interfering in this would be a miscarriage of justice. 11.99 crore by ACB in the petition. Had challenged the FIR registering a case of disproportionate assets of Rs. ACB registered the case on 7 April 2022.
Rathore's advocate Deepak Chauhan said that the ACB has registered the FIR without investigation. Not on the complaint of any complainant or informer but the documents were considered as the complainant. The applicant was in the Air Force. Retired in 2000. The FIR was registered on the basis of the check period from 2000 to 7 April 2022.
ACB has told the expenditure of 10 lakhs on the foreign travel of the applicant, while he never went abroad. His son Dipendra has a different business. The ACB did not make a separate assessment of the income and expenses of the son and his family members. Son has also bought Audi on loan for his daughter-in-law. ACB has also added this to income. A 1.72 crore loan was also taken from the bank to buy a house, but the ACB ignored it.