Case Note & Summary
The applicant, Keshav Chandrakant Tayade, was an Executive Engineer in the Irrigation Department. An FIR was registered against him and other officials for offences under Sections 13(1)(c)(d) and 13(2) of the Prevention of Corruption Act, 1988, based on a complaint by the Enquiry Officer, Milind Totare, Deputy Superintendent of Police, Anti Corruption Bureau, alleging irregularities in the execution of the Gosikhurd Project on the Vainganga river. The specific allegation against the applicant was that while evaluating tenders, he updated the tenders by increasing the price without following established procedure. The applicant contended that a departmental enquiry was held against him on the same charge (charge no.1) and he was exonerated. The court examined the order of the departmental enquiry and found that the applicant was indeed exonerated of charge no.1. The court held that since the applicant was exonerated of the same charge in the departmental enquiry, continuing criminal proceedings would be an abuse of the process of law. The court quashed the FIR and all proceedings arising therefrom against the applicant.
Headnote
A) Criminal Law - Quashing of FIR - Abuse of Process - Prevention of Corruption Act, 1988, Sections 13(1)(c)(d) and 13(2) - Applicant exonerated of same charge in departmental enquiry - Held that continuation of criminal proceedings would be an abuse of process of law and FIR liable to be quashed (Paras 5-7).
Issue of Consideration
Whether an FIR and criminal proceedings under the Prevention of Corruption Act, 1988 can be sustained when the applicant has been exonerated of the same charge in a departmental enquiry.
Final Decision
The court quashed the FIR and all proceedings arising therefrom against the applicant.
Law Points
- Exoneration in departmental enquiry on same charge
- quashing of FIR
- abuse of process of law
- criminal prosecution unsustainable after departmental exoneration
Case Details
2022 LawText (BOM) (06) 103
Criminal Application (APL) No.734 of 2020
Shri Anil S. Mardikar, Senior Advocate alongwith Shri Ved Deshpande, Advocate for the applicant; Shri A.S. Fulzele, APP for the non-applicants/State
Keshav S/o. Chandrakant Tayade
The State of Maharashtra, Anti Corruption Bureau, Nagpur
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Nature of Litigation
Criminal application for quashing of FIR and criminal proceedings under Prevention of Corruption Act, 1988.
Remedy Sought
Applicant sought quashing of FIR and all proceedings arising therefrom.
Filing Reason
Applicant was charged with offences under Sections 13(1)(c)(d) and 13(2) of the Prevention of Corruption Act, 1988 for allegedly updating tenders by increasing price without following procedure while working as Executive Engineer in Irrigation Department.
Previous Decisions
Departmental enquiry was held against the applicant on the same charge (charge no.1) and he was exonerated of that charge.
Issues
Whether the FIR and criminal proceedings can be sustained when the applicant has been exonerated of the same charge in a departmental enquiry.
Submissions/Arguments
Learned Senior Advocate for the applicant submitted that the applicant was exonerated of the same charge in the departmental enquiry, and therefore, continuation of criminal proceedings would be an abuse of process of law.
Ratio Decidendi
When an applicant is exonerated of the same charge in a departmental enquiry, continuing criminal proceedings on the same allegations would be an abuse of the process of law, and the FIR is liable to be quashed.
Judgment Excerpts
In the circumstances, we are of the view that continuation of the criminal proceedings against the applicant would be an abuse of process of law.
The FIR and all proceedings arising therefrom are quashed.
Procedural History
FIR was registered at Police Station Sadar, Nagpur against the applicant and others for offences under Prevention of Corruption Act. The applicant filed this criminal application for quashing the FIR. The court heard the matter and passed the judgment on 20/06/2022.
Acts & Sections
- Prevention of Corruption Act, 1988: 13(1)(c)(d), 13(2)
