Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973 |
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 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Case Disposed Off |
Headnote | Code of Criminal Procedure, 1973: s.482 – Quashing of FIRs– In the instant case, lease of land was granted by the Governmentto the appellant no.1 for construction of world class cricket stadium– Additional land was allotted to appellant by Gram Panchayat – Aclub house was constructed on the part of the infrastructure of theallotted land – Another land was allotted for using commerciallyand a hotel was constructed on it – Appellant no1 was initiallyregistered as a society which was later converted to a company –Two FIRs against appellants and some other persons alleging illegalgrant of lease of land to appellant no.1 – One under ss.406, 420,120B IPC and s.13(2) of POC Act and another under s.447 r/ws.120B, s.3 of PDPP Act,1984 and s.13(2) of POC Act – High Courtdismissed the petition for quashing of FIRs by brushing aside theargument of appellants that it was a case of vengeance, politicalvendeta and malafide – On appeal, held: No criminal case wasmade out against the appellants, particularly when all the concernedofficers, who took the decision in grant of lease of land were let offon the ground that they had not committed any wrong – HighGovernment Officials who were involved in lease grant were notcharged or proceeded for want of prosecution – Two senior officialswho took active part in decision making in lease grant were madePrincipal Secretary and Advisor to CM respectively – Even as perprosecution, there was no criminal act on part of the officers asthey had performed their appropriate administrative duties – Insofaras conversion of Society into not for profit company under s.25 ofthe Companies Act, 1956 was concerned, it was done as per themandate of BCCI – There was no element of criminality therein – Inthe proceedings filed by the appellants under s.482, respondentNo.2 (CM) was impleaded, as the allegations of malafides wereattributed to him – Since, no case of cheating/fraud or criminal breach of trust was made out, respondent No.2 did not have muchrole to play in these proceedings – Having regard to the stand takenby respondent No.1 not to prosecute these cases, even otherwise,no purpose would be served in continuing with these proceedings –FIRs accordingly quashed – Penal Code, 1860 – ss.406, 420,120B, s.447 r/w s.120B – Prevention of Corruption Act – s.13(2) –Prevention of Damage to Public Property Act,1984 – s.3 – HimachalPradesh Lease Rules, 1993 – r.8. |
Judge | Hon'ble Mr. Justice Arjan Kumar Sikri |
Neutral Citation | 2018 INSC 1039 |
Petitioner | Himachal Pradesh Cricket Association And Anr. |
Respondent | State Of Himachal Pradesh And Ors. |
SCR | [2018] 13 S.C.R. 868 |
Judgement Date | 2018-11-02 |
Case Number | 1258 |
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