A Resolution Professional does not qualify as a public servant under the Prevention of Corruption Act, 1988, thus FIR against them cannot be sustained.

JUDGMENT

Tushar Rao Gedela, J.

[The proceeding has been conducted through Hybrid mode]

1. The present petition is filed on behalf of the petitioner under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (in short "Cr.P.C.") seeking writ of Mandamus or any other appropriate writ, order or direction to quash case FIR bearing No. RC-DAI-2020-A-0001 dated 11.01.2020 under Sections 7 and 7A of the Prevention of Corruption Act, 1988, as amended in 2018 (in short "PC Act") read with Section 120-B of Indian Penal Code, 1860 (in short "IPC") registered at P.S. CBI, ACB, New Delhi and presently pending before learned Special Judge (PC) Act, New Delhi and all proceedings emanating therefrom. The petitioner also seeks quashing of the impugned order dated 14.01.2020 passed by the learned Special Judge (PC) Act, CBI-13, New Delhi directing 2 months' judicial remand of the petitioner.

HISTORY OF THE PRESENT PETITION:

2. This Court had earlier vide Order dated 24.02.2020 issued notice on the present petition. Subsequently, upon an application bearing Crl.M.A. 4761/2020, filed by the petitioner for modification of order dated 24.02.2020, this Court vide Order dated 03.03.2020, had passed the following order:

"Crl. M. A. No.4761/2020

1. The learned counsel appearing for the petitioner has filed the present application, inter alia, pointing out that there is an inadvertent error that has crept in Paragraph no. 4 of the order dated 24.02.2020, inasmuch as, the petitioner was appointed as a Resolution Professional by the Committee of Creditors (CoC) and not an Interim Resolution Professional. Paragraph no. 4 of the said order dated 24.02.2020, is accordingly rectified to read as under:

"4. The petitioner is a Resolution Professional appointed by the Committee of Creditors (CoC). It is contended that a CoC is neither a public authority nor a court of justice."

2. The petitioner also states that this Court had ordered that no coercive steps be taken till the next date of hearing. However, that sentence has somehow not been typed in the said order.

3. Accordingly, it is also directed that no coercive steps shall be taken till the next date of hearing.

4. The application is disposed of.

5. Order be given dasti under signatures of the Court Master."

3. Thereafter vide Order dated 12.02.2021, this Court had formulated and considered the examination of the question arising out of the present petition which is as under:

"The issue involved in the present petition is whether the petitioner who is a 'Resolution Professional' is a public servant or not and thus, would be liable for the offence punishable under Prevention of Corruption Act."

4. Also, vide Order dated 13.09.2022, notice was issued on an intervention/impleadment application moved by Insolvency & Bankruptcy Board of India (in short "IBBI"), while considering the role played by the IBBI in giving recognition to the Insolvency Resolution Professionals, assuming the roles of Interim Resolution Professional/Resolution Professional (in short "IRP/RP") under the Insolvency and Bankruptcy Code, 2016 (in short "IBC"), which even finds mention in the impugned order dated 14.01.2020. That vide Order dated 27.07.2023, the impleadment application on behalf of IBBI was allowed only to the extent of assisting the Court on the legal issue which arises in the present petition.

FACTS OF THE PRESENT PETITION:

5. The brief facts as culled out from the list of dates as provided in the petition are as follows:

5.1. The petitioner was approached by Mr. Karan Lalwani, Financial Creditor of FR Tech Innovations Private Limited (CD) for proposing the name of the petitioner as IRP in the company petition to be filed by the Financial Creditor under Section 7 of IBC, 2016 in the NCLT, Mumbai Bench by the FR Tech Innovations Private Limited. The petitioner consented to act as an IRP of CD as proposed by Financial Creditor on inter se negotiated terms and conditions in a specified format F