Chargesheet filed 7 years late; tax officer let off in corruption case

S Shyam Prasad | NT

Bengaluru: Upholding the order of a trial court and dismissing a petition filed by the Lokayukta police, the High Court of Karnataka has said that the delay of seven years in filing of charge sheet in the case was enough for the prosecution to lose the case.

“Without appreciating any other facts of the case, the delay in submitting the charge sheet, certainly, defeats the case of the prosecution,” Justice S Rachaiah said in his recent judgement upholding the discharge of one P Rangaswamy, a retired commercial tax officer.

“Admittedly, the FIR was registered on 08.06.2006 on the basis of source report and raid was conducted and after investigation, charge sheet was filed on 10.03.2011 i.e., after lapse of seven years. It is also admitted fact that, the petitioner is aged about 75 years. Having considered the facts and circumstances of the case of the judgement of the Hon’ble Supreme Court, the same is squarely applicable to the case on hand,” the HC said referring to the Supreme Court decision in Kanchan Kumar Vs State of Bihar.

Rang aswamy had joined Gover nment servant as a first division assistant in 1977 in the Department of Agriculture and in 1981 joined the Commercial Tax Department as a Commercial Tax Inspector.

He was accused of accumulating wealth disproportionate to his known source of income between 1982 and 2006 and a case was registered against him in 2006.

The charge sheet was filed against him in 2011. Rangaswamy filed an application for discharge as there was a delay in filing the charge sheet. The trial court accepted his contention and discharged him from the case.

The Lokayukta police challenged it in the High Court. Upholding the trial court order, the HC said, “In the light of the observation made above, it is appropriate to dismiss the criminal revision petition on sole ground. However, the Trial Court considered the independent source of other family members of the petitioner and concluded that, the charge sheet filed by the petitioner is erroneous and unsustainable.”

The Court dismissed the petition filed by the Lokayukta police stating, “The order of the Trial Court appears to be proper and justified with reasons. Hence, it is not appropriate to interfere with the said justification given by the Trial Court.” (CrLP 627/2013)