Case Note & Summary
The petitioner, a medical practitioner, was co-opted as a director of Samta Sahakari Bank Ltd., a cooperative society running banking business, from 1st March 1994 to 31st March 2000. On 15th November 2007, an FIR was registered against thirty persons, including the petitioner, for offences under Sections 406, 408, 409, 468, 471, 420, 201, 120-B and 109 read with Section 34 of the Indian Penal Code, read with Section 65 of the Information Technology Act, 2000. All accused were connected with the bank as elected directors, co-opted directors, officers, or borrowers. After investigation, a charge-sheet was filed as Regular Criminal Case No. 2190/2008, but the petitioner's name was not included in the list of accused. Supplementary charge-sheets filed on 22nd August 2008 and 15th October 2008 also did not name the petitioner. The petitioner filed a writ petition under Article 226 of the Constitution read with Section 482 CrPC seeking quashing of the FIR and criminal proceedings. The court considered whether the proceedings should be quashed for lack of evidence. The court noted that the petitioner was not named in any charge-sheet and there was no material to show her active participation in the alleged misappropriation. The court held that continuing the proceedings would be an abuse of the process of law and quashed the FIR and all consequential proceedings against the petitioner.
Headnote
A) Criminal Procedure - Quashing of FIR - Section 482 CrPC - Lack of Prima Facie Case - Petitioner, a co-opted director of a cooperative bank, was not named in the charge-sheets and no material showed her active participation in the alleged misappropriation - Court quashed the proceedings as continuation would be an abuse of process of law (Paras 1-5).
Issue of Consideration
Whether criminal proceedings against the petitioner, who was a co-opted director of a cooperative bank and not named in the charge-sheets, should be quashed for lack of evidence of her involvement in the alleged offences.
Final Decision
The court allowed the petition, quashed the FIR and all consequential proceedings against the petitioner.
Law Points
- Criminal proceedings can be quashed under Section 482 CrPC if no prima facie case is made out against the accused
- especially when the accused is not named in charge-sheets and there is no evidence of active participation in the alleged offences.
Case Details
2019 LawText (BOM) (11) 137
Criminal Writ Petition No. 413 of 2018
Z. A. Haq, M. G. Giratkar
Mr. Surindra Singh, Senior Adv., with Mr. Arun S. Agrawal and Mr. Prateek Sharma, Advs., for the petitioner. Mr. M. K. Pathan, Addl. Public Prosecutor for respondent.
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Criminal writ petition seeking quashing of FIR and criminal proceedings under Section 482 CrPC and Article 226 of the Constitution.
Remedy Sought
Petitioner sought quashing of FIR No. 0/2007 registered on 15th November 2007 and all consequential proceedings against her.
Filing Reason
Petitioner was a co-opted director of Samta Sahakari Bank Ltd. from 1994 to 2000. An FIR was registered in 2007 against thirty persons including her for various offences. However, she was not named in the charge-sheet or supplementary charge-sheets. She sought quashing as there was no evidence of her involvement.
Previous Decisions
Charge-sheet filed as Regular Criminal Case No. 2190/2008 did not include petitioner's name. Supplementary charge-sheets dated 22nd August 2008 and 15th October 2008 also did not name her.
Issues
Whether criminal proceedings against the petitioner should be quashed when she was not named in the charge-sheets and there is no material showing her active participation in the alleged offences.
Submissions/Arguments
Petitioner argued that she was a co-opted director and not involved in day-to-day management. She was not named in any charge-sheet. No prima facie case is made out against her.
Respondent opposed the petition, but the court found no material to show petitioner's involvement.
Ratio Decidendi
Criminal proceedings can be quashed under Section 482 CrPC if no prima facie case is made out against the accused, especially when the accused is not named in charge-sheets and there is no evidence of active participation in the alleged offences. Continuing such proceedings would be an abuse of the process of law.
Judgment Excerpts
The Petitioner, a Medical Practitioner by profession, was co-opted as a Director of Samta Sahakari Bank Ltd., a Co-operative Society, running banking business, from 1st March, 1994 till 31st March, 2000.
In this charge-sheet, name of the petitioner was not included in the list of accused persons.
Supplementary charge-sheet was filed on 22nd August, 2008 and additional supplementary charge-sheet was filed on 15th October, 2008. In these charge-sheets, name of the petitioner was not shown in the list of accused persons.
Procedural History
FIR registered on 15th November 2007. Charge-sheet filed as Regular Criminal Case No. 2190/2008. Supplementary charge-sheets filed on 22nd August 2008 and 15th October 2008. Petitioner filed Criminal Writ Petition No. 413 of 2018 under Article 226 of the Constitution read with Section 482 CrPC seeking quashing. Heard on 26th November 2019 and allowed.
Acts & Sections
- Indian Penal Code, 1860: 406, 408, 409, 468, 471, 420, 201, 120-B, 109, 34
- Information Technology Act, 2000: 65
- Code of Criminal Procedure, 1973: 482
- Constitution of India, 1950: 226
