HC quashes bribery case against CID inspector exonerated in dept inquiry

“I am of the view that conducting investigation against the petitioner/ accused No 1 is abuse of process of law"

S Shyam Prasad

A corruption case against a police inspector currently with the CID has been quashed by the High Court of Karnataka.

The allegation against Jayaraj was that he was involved in a bribery case when he was posted as inspector at the KR Puram Police Station. The HC bench of Justice K Natarajan said that since he was already exonerated in a department inquiry, granting sanction to the then Anti-Corruption Bureau (ACB) to prosecute him again was wrong.

“I am of the view that once the Police department exonerated the accused from the department inquiry and accused No 1 has stated that the amount has been paid to this petitioner, that itself is not a ground for conducting proceedings or investigation against the petitioner,” Justice Natarajan said in his recent judgment dated January 2.

Elaborating on the rationale, the HC said, “That apart, in spite of exonerating the charges by the same department, once again the police Home department granted sanction. Absolutely, there is no application of mind for granting sanction to investigate this petitioner.” Jayaraj had approached the HC challenging the case based on a complaint by one Sanju Rajan Nayar on February 10, 2021. It was alleged that Nayar was harassed by two police officers to settle his matrimonial case.

An alleged conversation between assistant sub-inspector Shivakumar and Nayar showed the former demanding an additional bribe of Rs 20,000 and allegedly claiming that Rs.25,000 has already been paid (by the ASI) to Jayaraj.

A Department Enquiry was conducted through an ACP and the report exonerated Jayaraj. The matter was referred to the Home Department once again for sanction to prosecute Jayaraj under the Prevention of Corruption Act. The sanction was granted and the FIR registered. This was challenged by Jayaraj in the HC.

Quashing the case against Jayaraj the HC said, “Consider the above aspect, I am of the view that conducting investigation against the petitioner/ accused No 1 is abuse of process of law, so it is liable to be quashed. Consequently, FIR filed against petitioner in Crime registered by the then Anti-Corruption Bureau / present Lokayuktha for offences punishable under Section 7(a) of the Prevention of Corruption Act is hereby quashed.