NAZIM MOHAMMED YUSUF SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is a Petition for quashing of the F.I.R. dtd. 4/5/2012 registered vide C.R. No.11 of 2012 under Sec. 12 of the Prevention of Corruption Act, 1988 ('PC Act') at Anti-Corruption Bureau, Mumbai by one Anil Sardal resulting in A.C.B. Special Case No.60 of 2013 pending before the Special Court for A.C.B., Sessions Court at Greater Bombay. The prayer is for quashing of this particular case. The second prayer is, for direction to the trial Court to appoint a competent officer to conduct an enquiry into the missing currency notes amounting to Rs.10,000.00 (Rupees Ten Thousand) which was seized by the prosecution and sealed in an envelope.

(2.) Heard learned counsel Mr.Mahesh Vaswani for the Petitioners and learned APP Smt.M.H.Mhatre for the Respondents-State.

(3.) At the very outset, it must be stated, that the trial has progressed. PW No.1 ' Complainant was examined but he has passed away. At present, PW No.2 ' Panch is in the witness-box. His evidence is being recorded and he is being cross-examined. At this very late stage, the Petitioners have approached this Court challenging the entire proceedings. Learned counsel for the Petitioners insisted on deciding this Petition inspite of the fact, that the trial has progressed considerably. He made three basic submissions. His first submission is, that since the Complainant has passed away, the F.I.R. cannot be proved and the allegations made by him cannot be proved. The second submission is, that the currency-notes which were seized at the time of raid, were not found when the envelope was opened in the Court when the Panch was under examination. Therefore, he submitted, that the crucial property involved in this case is not before the Court and therefore, the offence cannot be proved. His third submission is, that the offence under Sec. 12 of the PC Act does not stand on its own unless the ingredients of Sec. 11 are proved by the prosecution.