Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | FIR Code of Criminal Procedure |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Criminal Procedure, 1973 (2 of 1974) |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973 – s. 482 – An FIR was lodged u/s. 420 r/w.120B IPC and ss.13(2) and 13(1)(d) of the Prevention of Corruption Act, 1988 against the public servants occupying crucial positions in Bhubaneswar Development Authority (BDA) and in Housing and Development Department of the State, alleging that they entered into a criminal conspiracy, abusing their official position distributed prime plots among themselves and their relatives at minimal rates – Five Accused persons approached High Court u/s.482 Cr.P.C. to quash the criminal proceedings – The High Court partly allowed the applications and quashed the criminal proceedings against original accused Nos.3,4 and 5 mainly on the ground that the said accused have not dealt with the allotment file in any manner and there is no material that any of these accused had influenced any co-accused or any officer of BDA or H&UD. Deptt. for getting the plots illegally – On appeal, held: The High Court has entered into the merits of the allegations and has conducted the mini-trial by weighing the evidence in detail which, as such, as observed and held by the Supreme Court in its various decisions is wholly impermissible – Looking to the allegations in the present case against the respondents-accused and considering the fact that charge-sheet was filed by the Vigilance Cell after a thorough investigation, it cannot be said that the case falls within any of the exceptions as carved out by this Court in the case of Bhajan Lal – The allegations against the respondents-accused are very of serious nature, as there are specific allegations with respect to huge loss caused to the BDA and the public exchequer, as according to the prosecution the plots were allotted at throw away prices – All these aspects are required to be considered at the stage of trial and not while considering the application u/s.482 Cr.P.C. – Thus, the impugned judgment and order passed by the High Courtquashing the criminal proceedings against the respondent-accused no.3,4 and 5 is quashed and set aside. Code of Criminal Procedure, 1973 – s. 482 – Quashing under – Held: The power of quashing should be exercised sparingly and with circumspection and in rare cases – As per settled proposition of law while examining an FIR/complaint quashing of which is sought, the court cannot embark upon any enquiry as to the reliability or genuineness of allegations made in the FIR/complaint – Quashing of a complaint/FIR should be an exception rather than any ordinary rule – Normally, the criminal proceedings should not be quashed in exercise of powers u/s. 482 Cr.P.C. when after a thorough investigation the charge-sheet has been filed. Public Property – Allotment of plots – Held: Government and/ or the public authorities like B.D.A. are the custodian of public properties – Allotment of public properties must be transparent and has to be fair and non-arbitrary – In such matters, public interest only has to be the prime guiding consideration – In order to get the best or maximum price so that it may serve the public purpose and public interest so as to avoid loss to the authority and/or the public exchequer – The allotment of plots in the discretionary quota cannot be at the whims of the persons in power and/or the public servants who are dealing with the allotment of plots in the discretionary quota. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2021 INSC 872 |
Petitioner | State Of Odisha |
Respondent | Pratima Mohanty Etc. |
SCR | [2021] 9 S.C.R. 335 |
Judgement Date | 2021-12-11 |
Case Number | 1455 |
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