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2020 Supreme(Chh) 370
IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Goutam Bhaduri, J.
Jai Deo Gupta - Appellant
Versus
State Of Chhattisgarh - Respondent
Writ Petition (Criminal) No. 238 of 2020
Decided On : 12-06-2020
Mahesh Jethmalani, Advocate, Vivek Sharma, Advocate, S.C. Verma, Advocate
The Court emphasized that the FIR can be registered based on prima facie allegations of a cognizable offence, and interference with the investigation should be avoided unless there is clear evidence of malafide or lack of lawful excuse.
Headnote:
Corruption - Quashing of FIR - Chhattisgarh Public Trust Act, 1951 - Prevention of Corruption Act, 1988 - Indian Penal Code - [KEYWORD] - Corruption - Chhattisgarh Public Trust Act, 1951, Prevention of Corruption Act, 1988, Indian Penal Code
Fact of the Case:
The petitioner, along with others, formed a trust to provide medical relief to the poor. An MoU was entered with the State for subsidized health services. An FIR was lodged against the petitioner and others, alleging misuse of grant funds. The petitioner sought to quash the FIR and transfer the investigation to an independent agency.
Finding of the Court:
The Court found that the FIR was registered based on allegations of misuse of grant funds and did not prima facie constitute any offence. The Court also noted that the allegations of malafide were not substantiated. The Court dismissed the petition, stating that the investigation should proceed.
Issues: Misuse of grant funds, Allegations of malafide, Quashing of FIR, Transfer of investigation
Ratio Decidendi: The Court held that the FIR can be registered if prima facie allegations of a cognizable offence are available. It also emphasized that interference with the investigation should be avoided unless there is clear evidence of malafide or lack of lawful excuse.
Final Decision: The petition to quash the FIR was dismissed, and the Court allowed the investigation to proceed.
JUDGMENT
Goutam Bhaduri, J. - Heard on admission.
2. The facts as pleaded are that petitioner No.1 Jai Deo Gupta along with other persons formed a Mikki Memorial Trust. A public trust registered under Chhattisgarh Public Trust Act, 1951 with an objective to provide medical relief to the poor persons. The trust named MGM Eye Institute was established at Raipur in 2004 as an eye care center. In pursuance thereto the trust applied for a term loan of rupees 3 Crore to procure the equipments in the hospital, which was sanctioned by the Bank. Thereafter, in the year 2007 a MoU was entered with the State wherein hospital was obliged to render subsidized health services to the government employees and Economic Weaker Section. It is contended that in the year 2017 an FIR was lodged against Mr. Bhupesh Baghel under Section 13 (2) of the Prevention of Corruption Act, 1988 by the EOW/ACB, who was the then M.L.A. of the Patan Constituency and presently the Chief Minister of the State, on different grounds. At that time, the son of petitioner was serving as ADG-EOW/ACB. Thereafter, after the assembly election in December, 2018 Mr. Bhupesh Baghel was sworn in as Chief Minister, thereafter, certain FIR was lodged bearing No.6/19, 7/19 & 605/19 with the police as the grievance was nursed against the son of the petitioner No.1 namely Mukesh Gupta. The petitioner contended that the said FIR was lodged with mala fide, consequently, the son of petitioner No.1 invoked the writ jurisdiction of the Supreme Court, wherein the FIR bearing No.6/19, 7/19 & 605/19 were stayed. It is further contended that thereafter the general administration of the State has issued the order to conduct an enquiry by EOW/ACB and proposal of cancellation of affiliation of hospital was made. It is contended that the son of the petitioner No.1 in the meanwhile was prosecuting his grievance before the Supreme Court, wherein the interim orders were passed in favour of the son of petitioner No.1. Thereafter, they received a media report on 05.05.2020 that the preliminary enquiry No. 5/19 has been converted into FIR under Section 406, 420 and 120B of the IPC read with Section 7 of the Prevention of Corruption Act, 1988 for criminal breach of trust and on the ground that the hospital has used 3 crore rupees grant issued by the State to repay the loan taken by the trust. It is been pleaded that since the son of petitioner No.1 had approached to the Supreme Court, as such in a retaliation with malafide, the present FIR was lodged.
3. The present petition is to quash the FIR and the relief as prayed is as under:-
10.1 Issue a writ of certiorari quashing the FIR No.18/20 dated 05.05.2020 registered at P.S. EOWACB, Raipur, against the Petitioners.
10.2 Transfer the investigation to the CBI or to such another independent agency as this honorable court may deem fit in the circumstances of the case.
10.3 Pass any such order as this Hon''ble Court may deem fit in the interest of justice.
4. Shri Mahesh Jethmalani, learned senior counsel for the petitioner assisted by Shri Vivek Sharma, would submit that on 27.04.2019 a preliminary enquiry was registered against the petitioners, the same was converted into FIR on 5th of May, 2020 ignoring the guideline of time issued by the Supreme Court in the case of Lalita Kumari Vs. Government of Uttar Pradesh and others, (2014) 2 SCC 1 . It is further submitted that the son of the petitioner No.1 namely Mukesh Gupta had filed a writ petition criminal before the Supreme Court, wherein the FIR has been stayed by the Supreme Court on 02.09.2019 and further on 25.10.2019 the earlier order so passed by the Supreme Court was continued and further it was ordered that Mukesh Gupta S/o Jai Deo Gupta the petitioner No.1 herein shall not be harassed unduly and shall not be arrested also. It is contended that thereafter to circumvent the order, the State with all malfide trying to harass the petitioner by filing FIR against the father of the petitioner and the pre
