Case Note & Summary
The petitioner, Gopinath @ Gopinathsa, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of FIR No.8/2013 registered by the Lokayukta Police, Bijapur on 25.9.2013 under Section 13(1)(e) read with Section 13(2) of the Prevention of Corruption Act, 1988. The petitioner was employed as Project Manager of Nirmithi Kendra Bijapur, which was contended to be a private society and not a government entity. The court heard arguments from both sides. The petitioner's counsel argued that Nirmithi Kendra is a private society governed by its own Governing Body, and the petitioner is not a public servant. The respondent's counsel represented the Lokayukta. The court observed that the objects of Nirmithi Kendra are to develop skills in construction area, whether private or public, by way of civil contract, and the entire control, administration and management is solely governed by its Governing Body. The court held that the petitioner, being an employee of a private society unconnected with government activities, does not fall within the definition of a public servant under the Prevention of Corruption Act. Consequently, the FIR was quashed.
Headnote
A) Criminal Law - Prevention of Corruption Act - Public Servant - Section 13(1)(e) r/w Section 13(2) of Prevention of Corruption Act, 1988 - Petitioner employed as Project Manager of Nirmithi Kendra Bijapur, a private society unconnected with government activities - Held that petitioner is not a public servant under the Act, hence FIR liable to be quashed (Paras 1-4).
Issue of Consideration
Whether the petitioner, a Project Manager of Nirmithi Kendra Bijapur (a private society), can be prosecuted under the Prevention of Corruption Act, 1988 for alleged disproportionate assets.
Final Decision
The court allowed the petition and quashed the FIR No.8/2013 dated 25.9.2013 registered by the Lokayukta Police, Bijapur under Section 13(1)(e) r/w Section 13(2) of the Prevention of Corruption Act, 1988.
Law Points
- Public servant definition
- Private society employee not public servant
- Quashing of FIR under Section 482 CrPC
- Prevention of Corruption Act applicability
Case Details
2013 LawText (KAR) (12) 32
Criminal Petition No.15932 of 2013
Sri.B.Bapegowda (for petitioner), Sri.A.Syed Habeeb (Special SPP for respondent)
The Superintendent of Police, Karnataka Lokayukta, Bijapur and The Police Inspector, Karnataka Lokayukta, Bijapur
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Criminal petition under Section 482 CrPC seeking quashing of FIR registered under Prevention of Corruption Act.
Remedy Sought
Quashing of FIR No.8/2013 dated 25.9.2013 registered by Lokayukta Police, Bijapur under Section 13(1)(e) r/w Section 13(2) of Prevention of Corruption Act, 1988.
Filing Reason
Petitioner alleged that he is not a public servant as he is employed by a private society (Nirmithi Kendra Bijapur) and thus cannot be prosecuted under the Prevention of Corruption Act.
Issues
Whether the petitioner, being an employee of a private society, can be considered a public servant under the Prevention of Corruption Act, 1988.
Submissions/Arguments
Petitioner's counsel argued that Nirmithi Kendra is a private society unconnected with government activities, governed by its own Governing Body, and the petitioner is not a public servant.
Respondent's counsel represented the Lokayukta but no specific arguments are recorded in the judgment.
Ratio Decidendi
An employee of a private society, which is not connected with government activities and is solely governed by its own Governing Body, does not fall within the definition of a public servant under the Prevention of Corruption Act, 1988. Hence, prosecution under Section 13(1)(e) r/w Section 13(2) of the Act is not maintainable.
Judgment Excerpts
Petitioner is before this Court seeking to quash the First Information Report filed by the Lokayukta Police in Crime No.8/2013 on 25.9.2013 under S.13(1)(e) r/w S.13(2) of the Prevention of Corruption Act, 1988.
It appears that petitioner has been serving as Project Manager of Nirmithi Kendra Bijapur, which is said to be a private society and unconnected with Government activities.
The entire control, administration and management is solely governed by the Government body of the Kendra.
Procedural History
The petitioner filed Criminal Petition No.15932 of 2013 under Section 482 CrPC before the High Court of Karnataka, Gulbarga Bench, seeking quashing of FIR No.8/2013 dated 25.9.2013 registered by the Lokayukta Police, Bijapur under Section 13(1)(e) r/w Section 13(2) of the Prevention of Corruption Act, 1988. The court heard arguments and passed the order on 6.12.2013.
Acts & Sections
- Prevention of Corruption Act, 1988: 13(1)(e), 13(2)
- Code of Criminal Procedure, 1973: 482
