Criminal Procedure Code, 1973
Section 438—Anticipatory bail—Rejection of application by the High Court—Appeal—FIR registered under Sections 409, 219 and 114 of the Indian Penal Code—Allegations pertaining to a serious matter involving government land and its misuse, which prima facie disclosed commission of cognizable offences under the Indian Penal Code—Anticipatory bail can be granted where custodial interrogation is not essential, particularly in cases where the allegations hinge on official records and the presence of the accused can be secured without pretrial detention—Considering the nature of allegations and fact that the matter is to be investigated primarily based on documentary evidence, the relief of anticipatory bail granted to the appellant—Appeal allowed.
[Para 18]
Indian Penal Code, 1860
Sections 409, 219 and 114—Misuse of official position, criminal breach of trust and corrupt practices in the discharge of public duties—Refusal by High Court to quash FIR—Appeal—Allegations pertaining to a serious matter involving government land and its misuse, which prima facie disclosed commission of cognizable offences under the IPC—Submission that the appellant, a retired IAS officer, had passed the impugned order in his official capacity as the then District Collector, in due exercise of his quasi judicial functions—FIR and the material relied upon by the prosecution prima facie disclose the commission of cognizable offences, warranting a full-fledged investigation—Moreover, the allegations against the appellant cannot be adjudicated merely based on the pleadings and require scrutiny of official records and procedural compliance—At the stage of investigation, Courts should refrain from preemptively quashing criminal proceedings unless there is an evident abuse of process—Since the appellant’s contentions relate to factual disputes that need verification through proper investigatory mechanism, it would be inappropriate for the Apex court to exercise its inherent powers to quash the proceedings at this stage—Appeal dismissed. [Criminal Procedure Code, 1973, Section 482]
[Para 17]