Case Note & Summary
The applicant, Sanjay Laxman Kholapurkar, a retired Superintending Engineer, filed an application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking to quash the order dated 30/04/2021 passed by the Learned Special Judge (ACB), Nagpur, in Special Case No.26/2018, which rejected his discharge application. The applicant was accused no.2 in a case arising from Crime No.204/2017 registered at Sadar Police Station, Nagpur, investigated by the Anti-Corruption Bureau, for offences punishable under Section 13(1)(c), 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988, and Sections 420, 109 of the Indian Penal Code. The applicant contended that the main accused had been discharged and that there was no prima facie case against him. The High Court, after hearing the counsel for the applicant and the Additional Public Prosecutor, held that the allegations in the charge-sheet, if accepted, constitute the alleged offences, and that the discharge of the main accused does not automatically entitle the applicant to discharge. The court found that the impugned order was sustainable and dismissed the application.
Headnote
A) Criminal Procedure Code, 1973 - Section 482 - Inherent Powers - Discharge - The High Court, while exercising inherent powers under Section 482 CrPC, can quash proceedings if the allegations do not prima facie constitute an offence. However, the court must not conduct a mini-trial at the stage of discharge. (Paras 1-3) B) Prevention of Corruption Act, 1988 - Sections 13(1)(c), 13(1)(d), 13(2) - Discharge - The applicant, a Superintending Engineer, was accused of criminal misconduct. The court held that the allegations in the charge-sheet, if accepted, disclose the ingredients of the offence, and therefore the discharge application was rightly rejected. (Paras 2-4) C) Indian Penal Code, 1860 - Sections 420, 109 - Cheating and Abetment - The applicant was also charged under these sections. The court found that the material on record prima facie shows the applicant's involvement, and thus discharge was not warranted. (Paras 2-4)
Issue of Consideration
Whether the impugned order dated 30/04/2021 rejecting the discharge application of the applicant (Accused No.2) in Special Case No.26/2018 is sustainable in law and whether the applicant is entitled to be discharged under Section 482 CrPC.
Final Decision
The application is dismissed. The impugned order dated 30/04/2021 rejecting the discharge application is upheld.
Law Points
- Discharge under Section 482 CrPC
- Prevention of Corruption Act
- 1988
- Sections 13(1)(c)
- 13(1)(d)
- 13(2)
- Indian Penal Code Sections 420
- 109
- Inherent powers of High Court
- Prima facie case at discharge stage
