Code of Criminal Procedure, 1973 – ss.197, 482 – Prevention of Corruption Act, 1988 – Karnataka Civil Services Rules, 1958 – r.214 – Quashing of criminal proceedings – Sanction for prosecution – Application of r.214 to stifle criminal proceedings under IPC or PC Act – Respondent-chief engineer in the government department allegedly abused his official position, thereby causing loss to the public exchequer – FIR lodged for offences punishable under IPC and PC Act – Filing of chargesheet – High Court quashed criminal proceedings against the respondent on the grounds that chargesheet was filed more than four years after the date of the alleged incident and lack of sanction – Correctness:
Held: r.214, by any rule of construction, has no application to suppress pending criminal proceedings in the early stage or for stifling such proceedings after cognisance of offence has been taken for no better reason than that the timelines embodied therein have not been adhered to – High Court quashed the proceedings against the respondent by referring to r.214 which, had no application – Ground that the chargesheet having been filed more than four years after the date of the alleged incident for quashing the proceedings unsustainable – As regards, sanction u/s.197, High Court erred in quashing the proceedings qua the offences under the PC Act as it did not appreciate that s.19 thereof, prior to its amendment in 2018, applied only to public servants who were in office at the time of taking of cognisance of offence – Thus, since the respondent retired in 2012 and the cognisance of the offence was taken, four years after his retirement, he was not entitled to the protection u/s.19 PC Act – Such protection would have been available to him only if cognisance were taken while he was still in service – High Court erred in quashing the proceedings on the first ground that chargesheet having been filed more than four years after the date of the alleged incident, completely; and on the second ground of lack of sanction, partly –Impugned order, quashing the proceedings for the offences punishable u/s.13(1)(c) &(d) rw s.13(2) PC Act set aside – Proceedings against respondent restored and may continue for such offences. [Paras 16-25]
Karnataka Civil Services Rules, 1958 – r.214 – Withholding or withdrawing pension for misconduct or negligence – Scope of r.214 – Explained. [Paras 16-17]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Nidhi Jain. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
This page is for informational and research purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.