HC declines to quash 31-year-old graft case against rtd govt staffer
Raipur: Refusing to quash a 31-year-old corruption case against an 83-year-old retired govt employee, the Chhattisgarh high court has held that the seriousness of the allegations and the availability of prima facie evidence outweigh the delay in investigation and prosecution.
A Division Bench of Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru dismissed a petition challenging an FIR registered by the Economic Offences Wing and Anti-Corruption Bureau in 1995, the subsequent charge-sheet, cognizance order and charges framed under the Prevention of Corruption Act. The petitioner argued that more than three decades had elapsed since the case was registered and that continuation of the prosecution was unjustified, particularly as the charge-sheet was filed only in Dec 2024 despite sanction for prosecution being granted in Oct 2020. He also cited his advanced age and retirement from service.
Rejecting the plea, the high court observed that the allegations involved serious financial misconduct and that materials on record prima facie supported the prosecution case.
According to the charge-sheet, the petitioner allegedly amassed disproportionate assets worth Rs 43.38 lakh, assessed at 303.45% above his known sources of income. The investigation also alleged acquisition of assets, shares and debentures in the names of his wife and children.
The Bench held that delay alone cannot be treated as a ground to terminate criminal proceedings, particularly in corruption cases involving substantial evidence. HC directed the trial court to conclude proceedings within six months.
Rejecting the plea, the high court observed that the allegations involved serious financial misconduct and that materials on record prima facie supported the prosecution case.
According to the charge-sheet, the petitioner allegedly amassed disproportionate assets worth Rs 43.38 lakh, assessed at 303.45% above his known sources of income. The investigation also alleged acquisition of assets, shares and debentures in the names of his wife and children.
The Bench held that delay alone cannot be treated as a ground to terminate criminal proceedings, particularly in corruption cases involving substantial evidence. HC directed the trial court to conclude proceedings within six months.
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