DEVENDRA KUMAR GUPTA Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) The petitioner has sought quashing of FIR No.RC0052022A0010 dtd. 3/3/2022 under Ss. 7 & 11 of the Prevention of Corruption Act, 1988 (hereinafter referred to as, 'the PC Act') registered at Police Station CBI, ACB, Chandigarh.

(2.) Learned counsel for the petitioner has primarily contended that the continuation of criminal proceedings against the petitioner amounts to a gross abuse of the process of law. It is urged that the gravamen of the case hinges on allegations of demand and acceptance of illegal gratification by the then Assistant Commandant (Works), SHQ, BSF Abohar - co-accused Umesh Chandra Sharma - who, it is claimed, was exonerated through departmental proceedings.

(3.) Reliance is placed upon the findings of the Internal Court of Inquiry conducted by the BSF, which vide findings dtd. 8/2/2019, purportedly absolved the said officer of all charges. As per the learned counsel, these findings were duly endorsed by higher officers, including the DIG and IG of the BSF. Despite this, it has been urged that the CBI filed a final report dtd. 31/8/2023, naming the petitioner, inter alia, for offenses under Sec. 120-B of the IPC and 13(1)(d) of the PC Act (and subsequent offence u/s 7, 11, 12 of the PC Act; u/s 420, 467, 468, 471 IPC and substantive offences thereof). It has been further submitted that the petitioner, a contractor, was awarded routine, low value contracts and there is no allegation, direct or inferential of demand, receipt, or facilitation of illegal gratification by him. His name, it is argued, finds mention merely by virtue of being one among several contractors. Learned counsel has submitted that once the principal Public Servant has been cleared of wrongdoing by his own department, the continuation of criminal proceedings against the petitioner is unwarranted and legally untenable.