Case Note & Summary
The applicant, Goroba Vitthal Aavachar, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of FIR No. 412 of 2023 registered with Anandnagar Police Station, Osmanabad, for offences under Sections 166 and 409 read with 34 of the Indian Penal Code, 1860 (IPC). The applicant was a clerk working in the Nagar Parishad Dharashiv and had no role or authority in sanctioning or approving Gunthewari (regularization) proposals, which were alleged to have been irregularly approved, resulting in misappropriation of public funds. The prosecution case was that the informant, Manoj Dattatreya Kalure, a Planning Assistant at Nagar Parishad Dharashiv, lodged the FIR on 2 December 2023 stating that during the tenure of Chief Officer Shri Hari Kalyan Yalgate, several Gunthewari proposals were sanctioned in contravention of rules, leading to large-scale misappropriation. An inquiry committee under the Chairmanship of Shri Muravkar, Assistant Director, Town Planning Department, submitted a report on 26 September 2023 opining that irregularities had taken place. The collector directed registration of a criminal offence under Sections 166 and 409 IPC. The FIR was lodged against Shri Vidhate, Shri Kawde, the applicant, and Shri Hari Kalyan Yalgate. The applicant argued that he was merely a clerk and had no authority in the sanctioning process. The court considered the submissions and held that there were no specific allegations against the applicant and that continuing the proceedings would be an abuse of the process of law. The court quashed the FIR and all consequential proceedings against the applicant.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Abuse of Process - Applicant, a clerk, had no role or authority in sanctioning Gunthewari proposals - FIR alleged misappropriation but no specific allegations against applicant - Held that continuation of proceedings would be an abuse of process of law and quashed FIR (Paras 2-5).
Issue of Consideration
Whether the FIR against the applicant, a clerk with no authority in sanctioning Gunthewari proposals, should be quashed under Section 482 CrPC for lack of prima facie case and abuse of process of law.
Final Decision
The court allowed the application and quashed FIR No. 412 of 2023 registered with Anandnagar Police Station, District Usmanabad, and all consequential proceedings against the applicant.
Law Points
- Section 482 CrPC
- Quashing of FIR
- No prima facie case
- Abuse of process of law
- Vicarious liability not applicable
