Point of Law: Economic Offences - Court can exercise the powers under Section 482 of Cr.P.C. wherein the complaint does not disclose committing of any cognizable offence and the same is filed with an ulterior motive for wrecking vengeance against the accused with a view to spite him due to private and personal grudge, the Court can exercise the powers under Section 482 of Cr.P.C

ORDER :

This petition is filed under Section 482 of Cr.P.C. praying this Court to quash the FIR dated 12.05.2020 in Crime No.64/2020 registered by the first respondent-police based on the statement of respondent No.3 dated 07.05.2020 on the file of 31st Additional CMM Court, Nrupathunga Road, Bengaluru City.

2. The factual matrix of the case is that this petitioner was working as the Assistant Commissioner of Police, in the Central Crime Branch (‘CCB’ for short), Bengaluru City. He was a Supervisory Officer of the Economic Offences Wing in the CCB. A case is registered against this petitioner, based on the statement dated 07.05.2020 of one Adil Azeez, who is respondent No.3 herein. In the statement, he has stated that he is the distributor of ITC Company Cigarettes. Due to Covid-19 Pandemic, the Government had declared lockdown in the month of March and April, 2020. He was having 100 employees, who used to supply cigarettes in the cycle and grocery items to different shops and due to lockdown, the employees were facing difficulties. Hence, in April, 2020 he contacted one Sri Babu Rajendra Prasad explaining the difficulties faced by his employees. The said Babu Rajendra Prasad told him to introduce the petitioner herein. After some time, he called and informed him to go along with one Bhushan to the office of this petitioner and he had already spoken to him. Hence, himself and said Bhushan went and met the petitioner and this petitioner introduced the other Inspector Ajay. When he was talking to this petitioner, the said Bhushan went away from the room. He spoke to him for 15 minutes in the presence of said Ajay and he told him to contact the said Inspector and gave the number of the Inspector. It is his statement that, in between 22.04.2020 to 28.04.2020, he has sent whatsapp message to the said Inspector regarding unethical practice of six to seven distributors in selling the cigarette and their location and photos.

3. That on 20.04.2020, the said Babu Rajendra Prasad told him that he had discussed with this petitioner and will you make settlement and hence, he told him that he will enquire with the other distributors. Thereafter, he has discussed with the other distributors also. He told the other distributors that said Babu Rajendra Prasad would deal with this petitioner for unlawful circulation of cigarettes. The said Babu Rajendra Prasad demanded Rs.15 lakhs from each of the distributors but, on negotiation, it was agreed for Rs.14 lakhs which becomes to Rs.70 lakhs. The said Babu Rajendra Prasad told him to make payment of first installment before 30th April and second installment in the first week of May. Accordingly, he made the payment of Rs.32.5 lakhs and Rs.30 lakhs to said Babu Rajendra Prasad to make payment to this petitioner. The said Babu Rajendra Prasad told him that in two installments, Rs.62.5 lakhs was paid to this petitioner and an amount of Rs.5 lakhs was paid to the concerned jurisdictional police.

4. That on 04.05.2020, the said Babu Rajendra Prasad called him and told him to meet this petitioner in the CCB office. Accordingly, he met him and this petitioner called Inspector Ajay and Niranjan Kumar and instructed him to write the details of the payment made and accordingly, as per the instructions of Ajay, in the presence of this petitioner and Inspector Niranjan Kumar, he gave the slip mentioning the payment of Rs.28.5 lakhs to Babu Rajendra Prasad and an amount of Rs.5 lakhs to the station and Rs.2.5 lakhs to Bhushan.

5. That on 07.05.2020, the said Babu Rajendra Prasad called him to come near to his house and at that time, this petitioner and Inspectors Ajay and Niranjan Kumar were also there. Thereafter, ITC company Manager Govindaraj also arrived to his house. The said Babu Rajendra Prasad instructed him and Govindaraj to accompany the police officers to go to Deputy Commissioner of Police, Crime-II and accordingly, all of them went to Deputy Commissioner of Police, Crime-II office and he enquired them