Case Note & Summary
The petitioner, Sri Sudarshan, a Deputy Superintendent of Police under suspension, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of FIR in Crime No.1/2019 registered by the Anti Corruption Bureau (ACB) Police, Shimoga, and the proceedings pending before the District and Sessions Judge and Special Judge at Shivamogga in Spl(PC) Crime No.1/2019, insofar as the petitioner is concerned. The FIR was originally registered against one Yellappa, a Police Constable, for an offence punishable under Section 7(a) of the Prevention of Corruption Act, 1988 (PC Act) based on a complaint by Firoze. Subsequently, the petitioner was also implicated. The petitioner contended that the FIR and proceedings against him were an abuse of process of court as no prior sanction under Section 19 of the PC Act was obtained, which is mandatory for prosecuting a public servant. The State of Karnataka (Respondent No.1) opposed the petition. The High Court of Karnataka at Bengaluru, presided over by Justice K.S. Mudagal, heard the matter and reserved orders on 30th July 2020, pronouncing the order on 11th August 2020 via video conference. The court analyzed the requirement of sanction under Section 19 of the PC Act and held that since the petitioner was a public servant at the time of the alleged offence, prior sanction from the competent authority was mandatory before taking cognizance. The absence of such sanction rendered the proceedings an abuse of process. Consequently, the court allowed the petition and quashed the FIR and all proceedings against the petitioner.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Abuse of Process - FIR registered against a public servant without prior sanction under Section 19 of Prevention of Corruption Act, 1988 is liable to be quashed as it amounts to abuse of process of court. (Paras 1-10) B) Prevention of Corruption Act - Sanction for Prosecution - Section 19 - Mandatory Requirement - No court shall take cognizance of an offence under Section 7(a) of PC Act against a public servant without previous sanction from the competent authority. (Paras 5-8) C) Criminal Procedure Code - Inherent Powers - Section 482 CrPC - Quashing of FIR - Where FIR does not disclose any offence or is barred by law, High Court may exercise inherent powers to prevent abuse of process. (Paras 1-10)
Issue of Consideration
Whether the proceedings in Crime No.1/2019 of Anti Corruption Bureau Police Station, Shimoga against the petitioner amount to abuse of process of Court and lead to failure of justice?
Final Decision
The petition is allowed. The FIR in Crime No.1/2019 of Anti Corruption Bureau Police Station, Shimoga and all proceedings pending before the District and Sessions Judge and Special Judge at Shivamogga in Spl(PC) Crime No.1/2019 are quashed insofar as the petitioner is concerned.
Law Points
- Sanction under Section 19 of Prevention of Corruption Act
- 1988 is mandatory before taking cognizance of offences against public servants
- FIR registered without sanction is abuse of process of court
- Section 482 CrPC can be invoked to quash such proceedings
