LexPRADIP N. SHARMA versus STATE OF GUJARAT & ANR.
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[2025] 2 S.C.R. 2091 : 2025 INSC 291 Pradip N. Sharma v. State of Gujarat & Anr. (Criminal Appeal No. 1001 of 2025) 28 February 2025 [Vikram Nath and Prasanna B. Varale, JJ.] Issue for Consideration The High Court dismissed the criminal miscellaneous application of appellant praying for quashing of the FIR registered u/ss.409, 219 and 114 of IPC and also rejected the appellant’s prayer for anticipatory bail. Headnotes† Penal Code, 1860 – ss.409, 219, 114 – Code of Criminal Procedure, 1973 – A government land was allotted to one D and others for by way of Santhani for personal cultivation – Since the allottees were not staying in the village and were not cultivating the land personally, the then Deputy Collector registered a case and forfeited the land in favour of the Government – However, in appeal, the appellant, as the Collector, set aside the said order of the Deputy Collector and directed to restore the land – In revision, the Principal Secretary, Revenue (Appeals) set aside the order of the appellant – The complainant-Mamlatdar of village lodged the FIR against the appellant for offences u/ss.409, 219 and 114, IPC – A Criminal Misc. Application of appellant praying for quashing of FIR was dismissed by the High Court and appellant’s prayer for anticipatory bail was also rejected – Correctness: Held: The prayer seeking quashing of the FIR and the criminal proceedings is refused, as the allegations against the applicant involve serious allegations of misuse of official position, criminal breach of trust, and alleged corrupt practices in the discharge of public duties – The case against the applicant pertains to his passing an order that allegedly favoured private allottees despite their long absence from the country and despite his own transfer from the concerned jurisdiction – The scope of allowing a prayer 2092 [2025] 2 S.C.R. Supreme Court Reports for quashing is limited and is to be exercised only in exceptional cases where it is manifestly clear that no offense is made out – However, in the present case, the FIR and the materials relied upon by the prosecution prima facie disclose the commission of cognizable offences, warranting a full-fledged investigation – 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 mechanisms, it would be inappropriate for this Court to exercise its inherent powers to quash the proceedings at this stage – Considering the nature of the allegations and the fact that the matter is to be investigated primarily based on documentary evidence, the Court is inclined to grant the relief of anticipatory bail to the appellant – Additionally, the appellant has expressed his willingness to cooperate with the investigation, and no material has been placed before this Court to suggest that he has evaded or obstructed the investigation in any manner – Furthermore, it is well-settled that 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 pre-trial detention – Thus, there is no merit in appeal warranting interference with the impugned order passed by the High Court declining to quash the FIR – However, appellant may be released upon furnishing a personal bond of Rs.1,00,000/- to the satisfaction of the Investigating Officer. [Paras 17, 18, 19, 20] List of Acts Penal Code, 1860, Code of Criminal Procedure, 1973. List of Keywords Government land; Forfeiture of land; Section 409 of Penal Code, 1860; Section 219 of Penal Code, 1860; Section 114 of Penal Code, 1860; Quashing of FIR; Anticipatory bail; Misuse of official position; Criminal breach of trust; Corrupt practices in the discharge of public duties. Case Arising From CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 1001 of 2025 [2025] 2 S.C.R. 2093 Pradip N. Sharma v. State of Gujarat & Anr. From the Judgment and Order dated 12.12.2018 of the High Court of Gujarat at Ahmedabad in CRLMA No. 7960 of 2011 With Criminal Appeal No. 1002 of 2025 Appearances for Parties Advs. for the Appellants: Devadatt Kamat, Sr. Adv., Aljo K. Joseph, Anurag Kumar, Ms. Meenakshi, Vinay Kumar Puvvala, Saket Jee, Divyesh Pratap Singh. Advs. for
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