Remedies available in False case of corruption

[Yogendra Singh]

Anti-Corruption Bureau (hereinafter ACB) trapped a govt. officer on the ground of taking bribe of 3000 rs. as renewal fees of some shop. {The person had 2 shops, license of one of which was cancelled by the DM on the report of same govt. officer. ( document of which is available to prove personal vendetta). And the left one shop has already been renewed. The person was there for paying some tax related to that shop.}
ACB seized one challan filled by the same govt. officer of 675 rs. and arrested the govt. officer and to the police station to lodge FIR. It took 2 hours to them to reach to the police station (only 0.5 km. by jeep) {wrongly mentioned in FIR, along with the shop owner they were beating the govt. officer and creating false evidence of hand-washed blue solution etc.}
At the time they went with the officer, the district officer {gazzeted} of that deptt. comes to know the incident and seized the office of govt. officer where he finds another challan of 2375 rs. in the same handwriting, seal of the officer and date and a calculation behind the challan of 2375+ 626 = 3000/- while the govt. officer is in police custody and produced before the ACB court next day etc. and got bail after 51 days. the district officer sent his report to commissioner of the deptt. on the very next day of the incident attaching the remaining challan.
Due to shop-cancellation, the shop owner had already messed up with the officer and had tried to be physical with him, others persons sitting in the office of the officer stopped him. officer had reported this to his immediate senior i.e. district officer on which an investigation was given to some departmental officer and finding allegations true an order to FIR was made by district officer {incident happened about 15 days earlier to faithful day.} the shop owner had threatened to mess up with the carrier of the officer {in investigation by deptt. it was found to be true and star witnesses were there.}
The ACB team also snatched some 3500 rs. and gold ring of the officer {witnesses are there} and did not show in recovery memo.
IO did not do proper investigation as the documents of challan of 2325/- and complaint of officer to the district officer of being threatened was not attached (even after an application by the accused’ s relative to investigate such docs. as well) and beside the witnesses (govt. employee) provided by DM to the ACB team no statement of any other witnesses were took ( as clear by the FIR there were 100 of them) and just chargesheet was filed.
want some suggestion regarding quashing of proceeding and other remedies, if any as career of the govt. officer is at stake , not given increment etc.

[Yogendra Singh]

officer’s character has been recorded as “uttam” every year and has not been prosecuted ever. and beside being officer of only one district he has raided several districts’ shops and has leaded many teams made my joint commissioner and commissioner himself and due to his activeness and alertness govt. has gained profits of Crores. {documents available regarding this.} and was posted at the same post since 11 years.

[Dr. Ashok Dhamija]

Before filing of charge sheet, there is a requirement of obtaining sanction for prosecution of the public servant from the competent authority under Section 19 of the Prevention of Corruption Act, 1988. If you are innocent, then your competent authority may refuse to grant the sanction, in the absence of which the court will not be in a position to take cognizance of the case. On the other hand, if the competent authority grants sanction, then that would imply that your own authority is not convinced about your innocence.

In any case, you may apply for discharge if you feel that there is no evidence to prosecute you. Please consult some local lawyer having expertise in corruption cases, by showing him all the relevant papers. Only after seeing the papers in details, can someone guide you on the issues of facts.     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Yogendra Singh]

that authority is commissioner and he has given ” abhiyojan swikriti” we are indeed going through lawyers, sir. But i just wanted to know if we may get relief u/s 482 for quashing the chargesheet. In your personal opinion is it possible??

[Dr. Ashok Dhamija]

Usually, it is very difficult to get the charge sheet quashed or to get discharge from the case. But, this is only a general observation since it all depends on the facts of the case. You’ll have to show detailed facts / documents to some good lawyer at your place to get a definitive opinion. It is not possible to give a firm opinion on the basis of information furnished by you. This is exemplified by the fact that your own competent authority has not agreed with your defence and this may be the reason why it has granted sanction for prosecution. Therefore, you’ll need a detailed examination of the issues for your defence.     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Yogendra Singh]

thanx a lot for your time sir, i m highly obliged.

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