Case Note & Summary
The applicants, officers of the Municipal Council, Beed, including the Deputy Director of Health Services of the Government of Maharashtra, filed a criminal application under the inherent powers of the High Court seeking quashing of proceedings pending before the Additional Sessions Judge/Special Judge, Beed. The respondent no.3, an employee of the Municipal Council, had filed a complaint alleging that the applicants were responsible for payment of salaries but had not paid his salary for about one year, that they demanded illegal gratification for making payment, and that when he approached them, they caught hold of him, drove him out of the office, and threatened to kill him. The complaint alleged offences under Section 7 of the Prevention of Corruption Act, 1988, and Sections 323, 504, and 506 of the Indian Penal Code, 1860. The learned Special Judge, by order dated 2.8.2013, directed the police to investigate the matter under Section 202 of the Code of Criminal Procedure, 1973. The applicants challenged this order, contending that the allegations were civil in nature and did not disclose any criminal offence. The High Court examined the substance of the complaint and found that the core grievance was non-payment of salary, which is essentially a civil dispute. The allegations of demand of illegal gratification were vague and lacked specific instances. The alleged threats and assault were also not supported by any particulars. The Court held that the Special Judge erred in ordering police investigation as the complaint did not make out any cognizable offence. The Court quashed the impugned order and the proceedings pending before the Special Judge, allowing the criminal application.
Headnote
A) Criminal Law - Abuse of Process - Quashing of Investigation - Non-payment of salary is essentially a civil dispute and does not constitute a criminal offence under the Prevention of Corruption Act, 1988 or the Indian Penal Code, 1860 - The complaint alleged non-payment of salary and vague threats, but failed to disclose any demand of illegal gratification or specific criminal act - Held that the Special Judge erred in ordering police investigation under Section 202 of the Code of Criminal Procedure, 1973 as the allegations did not make out any cognizable offence (Paras 1-10). B) Prevention of Corruption Act - Section 7 - Demand of Illegal Gratification - Essential ingredient - For an offence under Section 7 of the Prevention of Corruption Act, 1988, there must be a clear demand of illegal gratification by a public servant - The complaint merely alleged that the applicants were demanding illegal gratification for payment of salary, but no specific instance or demand was mentioned - Held that vague allegations without particulars cannot justify investigation (Paras 4-8). C) Criminal Procedure Code - Section 202 - Investigation by Police - Scope - A Special Judge under the Prevention of Corruption Act can order police investigation under Section 202 of the Code of Criminal Procedure, 1973 only if the complaint discloses a cognizable offence - Where the allegations are civil in nature and do not make out any criminal offence, ordering investigation is an abuse of process - Held that the impugned order dated 2.8.2013 directing police investigation is quashed (Paras 6-10).
Issue of Consideration
Whether the allegations of non-payment of salary and alleged threats constitute offences under the Prevention of Corruption Act and IPC, and whether the Special Judge was justified in ordering police investigation under Section 202 CrPC
Final Decision
The Criminal Application is allowed. The impugned order dated 2.8.2013 passed by the learned Additional Sessions Judge/Special Judge, Beed directing police investigation under Section 202 CrPC is quashed. The proceeding pending before the said court is also quashed.
Law Points
- Non-payment of salary is a civil dispute
- not a criminal offence
- Section 7 Prevention of Corruption Act requires demand of illegal gratification
- Section 202 CrPC investigation cannot be ordered for non-criminal allegations
