A Single-Judge bench of Justice Jasmeet Singh of the Delhi High Court in the case of Jhonson Jacob Vs State quashed the proceedings against the accused as he was exonerated in the departmental proceedings.
The factual matrix of the case is that the complainant applied for the arms license and the accused went to the complainant’s residence for inquiry. Thereafter, the petitioner demanded Rs 20.000 as a bribe for the purpose of sending the report of license after negotiation the petitioner reduced the amount to Rs 10,000. The complainant paid Rs 1,000 and later on, the petitioner called the complainant at P.S Vikaspuri for collecting the remaining balance amount of Rs 9000. The complainant handed over GC notes of Rs 9000 along with this the notes were covered with Phenolphthalein powder to the petitioner.
After that, on the demand of personal search, 10 GC notes of denomination of 500 and 4 notes of denomination of Rs 1000 were recovered from the right hand of the petitioner and the serial number of the notes was also tallied with the serial number noted in the pre-raid proceedings. Also, the right hand of the accused was put into sodium carbonate solution which turned pink. The FIR was lodged against the accused. After investigation, charges were framed and the petitioner was summoned.
The special judge of the rouse avenue courts framed charges under Section 7/13 of the Prevention of Corruption Act, 1988 against the petitioner. As a result, the petitioner filed a writ petitioner for quashing and setting aside the orders 10.03.2021.
The learned counsel appearing for the petitioner contended that the petitioner has been absolved from the departmental proceedings and by relying on the judgment of the apex court titled “ASHOO SURENDRANATH TEWARI vs. DEPUTY SUPERINTENDENT OF POLICE, 2020 Latest Caselaw 498 SC " and contended that the criminal proceedings can’t be pursued against the petitioner. It is further contended that since the petitioner is a Sub Inspector with the Delhi Police, which is a branch of the Ministry of Home Affairs, the Delhi Government's Anti-Corruption Branch lacks the authority to look into the offense. The petitioner asserts that the disciplinary charges allegations as the proceedings and the FIR are identical copies of one another, Since the petitioner was cleared during the disciplinary investigation, he cannot be in the criminal procedures, found guilty.
The learned counsel for the respondent has distinguished with the judgment cited by the petitioner by relying on the judgment of State of N.C.T. of Delhi Vs. Ajay Kumar Tyagi, 2012 Latest Caselaw 463 SC. Further, the counsel cited the case of Prem Chand Vs. Union of India & Ors, 1980 Latest Caselaw 212 SC
The High Court of Delhi held that the petitioner has been relieved from the departmental proceedings before and further, there is no substantial evidence on record that shows that there is a need to continue the criminal proceedings against the accused. Therefore, the court decided to set aside the orders passed by the Rouse Avenue court dated 10.03.2021.
CASE TITLE- Jhonson Jacob Vs State
CASE DETAILS- W.P.(CRL) 1279/2021
CORAM- Justice Jasmeet Singh
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