The Bombay High Court has dismissed a criminal writ petition seeking to quash an FIR registered under the Prevention of Corruption Act, 1988, holding that investigation material, including call transcripts, disclosed a prima facie case against the petitioner.
A Division Bench of Justice A.S. Gadkari and Justice Ranjitsinha Raja Bhonsale declined to interfere with the complaint registered at Mhalunge Police Chowki, Pune. The Complaint alleged demand and negotiation of bribe in connection with filing a favourable report in another criminal case.
The petitioner, a Police Hawaldar, contended that he was falsely implicated nearly five months after registration of the FIR, with no specific role attributed to him in the original complaint. It was argued that the allegations were primarily against a senior police inspector and other accused, and that continuation of proceedings amounted to abuse of process.
Rejecting the plea, the Court noted that the investigation had revealed recorded conversations and transcripts indicating that the petitioner had actively negotiated the bribe amount on behalf of the main accused. The Bench observed that the transcripts prima facie showed the petitioner’s involvement in reducing and finalising the bribe demand, which could not be ignored at the quashing stage.
The Court reiterated that an FIR is not an encyclopedia for Alleged Crime, it merely sets the criminal law in motion. It held that the absence of the petitioner’s name or specific role in the FIR cannot, by itself, justify quashing when subsequent investigation brings out material indicating involvement.
Finding no exceptional circumstances warranting interference under Section 482 CrPC, the Court dismissed the petition, leaving the petitioner to pursue remedies available in law at the appropriate stage.
Appearances
Mr. Dhanraj A. Lodha, Advocate for the Petitioner.
Mr. Vinod Chate, A.P.P. for the State.
Mr. Khanderao Tulshiram Ranjawe, ACB, Pune Unit.
