In a significant ruling, the Supreme Court of India has reversed the judgement of the High Court in the case of State of Karnataka v. Jairaj. The High Court had quashed the FIR under Section 7(a) of the Prevention of Corruption Act, 1988, but the Supreme Court has overturned this decision. Stay tuned to learn more about the latest developments in this legal dispute.
Facts
- High Court quashed the FIR as there was no direct evidence of money or bribe demanded by the petitioner from the complainant.
- Appeal directed against the High Court’s judgment dated January 2, 2023.
- FIR under Section 7(a) of the Prevention of Corruption Act, 1988 quashed by the High Court.
- Petitioner was exonerated in departmental proceedings regarding the inquiry into the allegations of bribe demand.
- FIR in Crime No.63/2021 was quashed based on the departmental proceedings outcome.
- Appellant’s wife filed a complaint alleging sexual harassment of a minor child by the Appellant in school, leading to FIR No.555/2018
- Appellant reported demands of bribe to Karnataka Human Rights Commission related to his marriage, supported by evidence on a pendrive
- FIR was registered with the Anti Corruption Branch, Bangalore Police Station on 8.12.2021 based on preliminary inquiry
- Sanction for prosecuting the Appellant was accorded as a result of preliminary investigation
- Investigating officer demanded and accepted monetary consideration from the Appellant during the investigation
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Analysis
- Complaint registered against Jairaj in Crime No.555/2018 for both POCSO and IPC Section 354 offenses.
- Complainant, Jairaj’s wife, alleged harassment and demand for money by Jairaj during investigation.
- Allegations of filing complaint against police due to summoning Jairaj for investigation in Crime No. 555/2018.
- Petitioner Jairaj accused of receiving money and assuring chargesheet in exchange, as per FIR.
- Courts found no material to proceed against Jairaj’s co-accused in the case.
- Courts deemed the approach of quashing the FIR in the given circumstances legally unsustainable.
- Judiciary overlooked evidence like a pendrive indicating Jairaj’s involvement in the crime.
- Despite exoneration in departmental proceedings, competent authority sanctioned prosecution against Jairaj.
- The High Court did not consider the principles laid down by the Supreme Court in the case of State of Haryana & Ors. v. Bhajan Lal & Ors., (1992) SCC Suppl.1 335.
- The Lokayukta argued in front of the High Court that the trial was not based on the same evidence that led to the employee being exonerated in the departmental proceedings.
- The fact mentioned was not considered in its correct perspective by the High Court.
- It is important to take into account all relevant facts and information when making a judgment.
- This oversight may have impacted the overall decision of the High Court.
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Decision
- The FIR subject matter is restored to be taken to its logical end.
- The present appeal is allowed.
- The judgment and order dated 2 January, 2023, passed by the High Court of Karnataka at Bangalore in Crl. P. No. 606/2022 titled Sri Jayaraj v. State of Karnataka is quashed and set aside.
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Case Title: SANJU RAJAN NAYAR Vs. JAYARAJ (2024 INSC 331)
Case Number: Crl.A. No.-002228-002228 / 2024
