Case Note & Summary
The petitioner, Dr. Ramchandra Munjaji Bhise, was the Vice Principal of Digambarrao Bindu Arts and Commerce College, Bhokar, which also ran a study center for Yashwantrao Chavan Maharashtra Open University. On 30th June 2015, a student named Sunil Bhaurao Madilwad complained to the Anti Corruption Bureau, Nanded, alleging that the petitioner demanded money for his admission to the study center. Based on this complaint, an FIR was registered at Bhokar Police Station under Sections 7, 12, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988. The petitioner filed a writ petition seeking quashing of the FIR. The court examined the facts and found that the amount demanded was the prescribed fees for admission to the study center as per the rules of the Open University. The court noted that the petitioner was not a public servant in the context of the study center, and the demand was not for any official favour but for legitimate fees. The court held that the allegations did not disclose any offense under the Prevention of Corruption Act and that continuing the proceedings would be an abuse of process. Consequently, the court quashed the FIR and all subsequent proceedings.
Headnote
A) Prevention of Corruption Act - Demand of Illegal Gratification - Sections 7, 12, 13(1)(d) read with 13(2) - The petitioner, Vice Principal of a college, was accused of demanding money for admission to a study center of Yashwantrao Chavan Maharashtra Open University. The court held that the fees demanded were as per the university rules and not for any official favour. The FIR was quashed as the demand was not for illegal gratification but for legitimate fees. (Paras 1-10)
B) Criminal Procedure Code - Quashing of FIR - Section 482 - The court exercised its inherent powers to quash the FIR where the allegations did not disclose any offense under the Prevention of Corruption Act. The court found that continuing the proceedings would be an abuse of process of law. (Paras 1-10)
Issue of Consideration
Whether the demand of fees for admission to a study center of an open university can be treated as demand of illegal gratification under the Prevention of Corruption Act, 1988.
Final Decision
The court allowed the petition and quashed the FIR bearing Crime No.25/2015 registered at Bhokar Police Station and all subsequent proceedings.
Law Points
- Demand of fees for admission to a study center does not amount to demand of illegal gratification under the Prevention of Corruption Act
- 1988
- Sections 7
- 12
- 13(1)(d) read with 13(2).
Case Details
2015 LawText (BOM) (10) 28
Criminal Writ Petition No.1197 of 2015
Shri R.N.Dhorde, Senior Advocate, h/f Shri Ravindra B.Narwade Patil, Adv., for petitioner; Shri S.G.Karlekar, AGP for respondent State; Shri Nitin B.Suryawanshi, Advocate, for respondent no.3
Dr. Ramchandra S/o Munjaji Bhise
The State of Maharashtra, The Deputy Superintendent of Police, Anti Corruption Bureau at Nanded, The Incharge of Study Center Yeshwantrao Chavan Open University, Digambarrao Bindu Smarak Samit Bhokar
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Nature of Litigation
Criminal writ petition for quashing of FIR registered under Prevention of Corruption Act.
Remedy Sought
Petitioner sought quashing of FIR bearing Crime No.25/2015 registered at Bhokar Police Station for offenses under Sections 7, 12, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988.
Filing Reason
Petitioner was accused of demanding money for admission to a study center of Yashwantrao Chavan Maharashtra Open University, which he claimed was the prescribed fees.
Issues
Whether the demand of fees for admission to a study center of an open university can be treated as demand of illegal gratification under the Prevention of Corruption Act, 1988.
Submissions/Arguments
Petitioner argued that the amount demanded was the prescribed fees for admission to the study center as per the rules of the Open University and not any illegal gratification.
Respondent State argued that the FIR disclosed a prima facie case under the Prevention of Corruption Act.
Ratio Decidendi
The demand of fees for admission to a study center of an open university, being the prescribed fees as per university rules, does not amount to demand of illegal gratification under the Prevention of Corruption Act, 1988. Continuing proceedings on such allegations would be an abuse of process of law.
Judgment Excerpts
The petitioner has filed the present petition for quashment of the FIR bearing Crime No.25/2015, registered against him at Bhokar Police Station for the offenses under Sections 7, 12, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988.
The said student complained that, for admission to the study center, the petitioner demanded money.
Procedural History
On 30th June 2015, a student complained to the Anti Corruption Bureau, Nanded, leading to registration of FIR Crime No.25/2015 at Bhokar Police Station under Sections 7, 12, 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988. The petitioner filed Criminal Writ Petition No.1197 of 2015 before the Bombay High Court, Aurangabad Bench, seeking quashing of the FIR. The court reserved judgment on 29th September 2015 and pronounced it on 21st October 2015, allowing the petition and quashing the FIR.
Acts & Sections
- Prevention of Corruption Act, 1988: 7, 12, 13(1)(d), 13(2)
