Case Note & Summary
Background: The petitioner, a Superintendent of Customs posted at Kempegowda International Airport, Bengaluru, sought quashing of criminal proceedings pending against him in Special C.C.No.850 of 2018 before the Principal Special Judge for CBI Cases. The prosecution alleged that on 01-03-2018, the petitioner demanded a bribe of Rs.30,000 from an international passenger to release his imported goods without raising a customs duty challan. After investigation, the CBI filed a charge sheet for offences under Section 120B IPC and Sections 7, 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988. Simultaneously, departmental proceedings were initiated against the petitioner under Rule 14 of the CCS (CCA) Rules, 1965 on identical allegations. The Inquiry Officer, after examining twenty-one witnesses and recording extensive evidence, found the charges not sustainable and exonerated the petitioner. The Disciplinary Authority accepted the report and closed the departmental case on 29-12-2023. The criminal court had taken cognizance on 05-02-2020. The petitioner argued that since he was exonerated in the departmental enquiry on the same facts, the criminal proceedings must be quashed as they cannot result in conviction. The respondent CBI contended that the proceedings are independent and a prima facie case exists as accused No.2 received the money on behalf of the petitioner. The Court noted the detailed findings of the Inquiry Officer and the identical nature of charges but the final decision was not included in the provided text.
Issue of Consideration
Whether the criminal proceedings against the petitioner should be quashed in light of his exoneration in the departmental enquiry on identical facts and charges.
Law Points
- Quashing of criminal proceedings under Section 482 Cr.P.C.
- effect of departmental exoneration on criminal trial
- standard of proof in departmental vs criminal proceedings
- presumption of guilt in corruption cases
- inherent powers of High Court under Articles 226 and 227
Case Details
2024 LawText (KAR) (08) 26
Writ Petition No.7629 of 2024 (GM – RES)
K.N. Phanindra, Mahesh Chowdhary, Krishika Vaishnav for petitioner; P. Prasanna Kumar for respondent
Attar Mohammad Shafiullah @ A. Shafiullah
Central Bureau of Investigation
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Quashing of criminal proceedings
Remedy Sought
Petitioner seeks quashing of charge sheet No.19 dated 27.11.2018 and all proceedings in Special C.C.No.850/2018 pending before the XXI Additional City Civil and Sessions Judge and Principal Special Judge for CBI Cases, Bengaluru.
Filing Reason
The petitioner was exonerated in a departmental enquiry on the same set of facts and allegations, and he contended that the criminal proceedings cannot continue in view of such exoneration.
Previous Decisions
Departmental proceedings resulted in exoneration of the petitioner on 29-12-2023; the criminal court took cognizance on 05-02-2020 and the trial is pending.
Issues
Whether criminal proceedings can be quashed when the accused has been exonerated in departmental proceedings on identical facts?
Whether the allegations of demand and acceptance of bribe are prima facie established in the criminal case?
Submissions/Arguments
Petitioner argues that departmental and criminal proceedings are based on identical facts, and exoneration in departmental enquiry should lead to quashing of criminal case.
Petitioner contends there is no evidence of demand or acceptance of bribe, and money was neither demanded nor accepted.
Respondent argues that criminal and departmental proceedings are different, and prima facie case exists as accused No.2 received money on behalf of accused No.1.
Judgment Excerpts
The Inquiry Officer, after a 68 page long drawn report, concludes as follows: 'I find that the charges against officers cannot be sustained.'
It is alleged that the petitioner demanded Rs. 30,000/- from the said traveller in lieu of the duty that is to be paid.
The complainant is said to have produced the currency notes amounting to Rs. 30,000/- all of Rs. 2,000/- denomination each. These notes were quoted with Sodium Carbonate-Phenolphthalein for test and were placed in the complainant’s pocket.
Procedural History
Complaint filed by S. Muthukrishna on 01-03-2018; FIR No.RC.03(A)/2018 registered same day under Section 7 of Prevention of Corruption Act; CBI took over investigation and filed charge sheet No.19 on 27-11-2018 for offences under Section 120B IPC and Sections 7, 13(2) r/w 13(1)(d) of PC Act; Court took cognizance on 05-02-2020 in Special C.C.No.850/2018. Meanwhile, departmental charge sheet issued on 25-07-2019 under CCS (CCA) Rules; Inquiry Officer exonerated petitioner and Disciplinary Authority accepted report, closing departmental proceedings on 29-12-2023. Petitioner filed the present writ petition seeking quashing of criminal proceedings.
Acts & Sections
- Indian Penal Code, 1860: 120B
- Prevention of Corruption Act, 1988: 7, 13(1)(d), 13(2)
- Code of Criminal Procedure, 1973: 482
- Constitution of India: 226, 227
- Central Civil Services (Classification, Control and Appeal) Rules, 1965: 14
- Central Civil Services (Conduct) Rules, 1964: 3(1)(i), 3(1)(ii), 3(1)(iii)
