State, Through Cbi, Acb Goa vs Shivanand Fakirappa Bachagundi on 20 May, 2026

    0
    22
    ADVERTISEMENT

    Bombay High Court

    State, Through Cbi, Acb Goa vs Shivanand Fakirappa Bachagundi on 20 May, 2026

    2026:BHC-GOA:1056                                   CRIA-32-2024
    2026:BHC-GOA:1056
    
    
    
    
                Niti
                               IN THE HIGH COURT OF BOMBAY AT GOA
    
                                       CRIMINAL APPEAL NO.32 OF 2024
                 State
                 Through CBI, ACB, Goa,
                 Having office at Bambolim,
                 Tiswadi, Goa.                                         ...Appellant
    
                         Versus
    
                 Shri Shivanand Fakirappa Bachagundi
                 H.No.503, Navachetna-A,
                 Sector-3, CGS Colony, Kane Nagar,
                 Antop Hill, Mumbai & Permanent
                 resident of S-3, Mukund Residency,
                 2nd, Above Canara Bank.
                 Mandopa Road, Shanti Nagar,
                 Margao, Salcete, Goa.
                 Native of C/o. M.B. Kempasanna,
                 Post : Karadi Gudda, Taluka Dharwad,
                 Dist.: Dharwad, Karnataka.                            ... Respondent
    
                 Mr Pravin Faldessai, Special Public Prosecutor for the Appellant.
                 Ms Pushpinder Kaur, Advocate for the Respondent.
                                           CORAM : ASHISH S. CHAVAN, J.
    
                                                    Reserved on : 1st APRIL 2026
                                                  Pronounced on : 20th MAY 2026
    
                 JUDGMENT :

    1. By way of this Appeal, the Central Bureau of Investigation, Anti-
    Corruption Branch (hereinafter referred to as CBI-ACB), the Appellant
    herein has assailed the judgment and order dated 16.03.2021 passed by District
    & Sessions Judge, South Goa, Margao, in Special Corruption Case No.1 of
    2017, inter alia, acquitting the Accused (hereinafter referred to as the

    1 17

    SPONSORED

    ::: Uploaded on – 20/05/2026 ::: Downloaded on – 20/05/2026 21:21:13 :::
    CRIA-32-2024

    Respondent) of the offences punishable under Section 409, 420, 471 of IPC
    along with Section 13(2) r/w 13(1)(d) of PC Act, 1988.

    2. The chronology of events leading to the judgment under challenge can
    be summarised as under:

    (i) The Respondent was working as Assistant Director of Micro Small
    and Medium Enterprises – Development Institute, Margao, Goa
    (hereinafter referred to as MSME-DI) since the year 1997. In June
    2011, one Mr P.V. Velayudhan was posted as Director, MSME-DI.

    He was examined as PW34. The Respondent was also the Drawing
    and Disbursing Officer (DDO).

    (ii) In the month of February 2013, the National Vendor Development
    Programme 2012-13 (NVDP) was organised in collaboration with
    DITC, SIDVI and Goa Shipyard Limited and was held on 15th and
    16th February 2013. Funds to the extent of Rs.4,50,000/- (Rupees
    Four Lakhs Fifty Thousand only) was allotted by the DC (MSME),
    New Delhi vide letter dated 31.07.2012. By an order dated
    05.12.2012 issued by PW34, he gave sanction for the withdrawal of
    advance of Rs.2,25,000/- (Rupees Two Lakhs Twenty Five
    Thousand only) out of the sanctioned amount of Rs.4,50,000/-
    (Rupees Four Lakhs Fifty Thousand only) for the expenditure to be
    incurred to organise the said NVDP and appointed the Respondent
    as the Coordinating Officer of the programme.

    2 17

    ::: Uploaded on – 20/05/2026 ::: Downloaded on – 20/05/2026 21:21:13 :::
    CRIA-32-2024

    (iii) Accordingly, the said sum of Rs.2,25,000/- (Rupees Two Lakhs
    Twenty Five Thousand only) was deposited in the personal account
    of the Respondent. The Respondent submitted a bill dated
    22.03.2013 along with particulars of expenditure and the
    accompanying bills to the Accounts Office of MSME-DI, Mumbai.

    (iv) On 08.07.2014, on the basis of an oral source information, an FIR was
    registered against the Respondent by Additional SP for suspected
    offences of criminal conspiracy, criminal breach of trust by public
    servant, cheating and dishonestly inducing delivery of property,
    forgery for the purpose of cheating, using forged documents as
    genuine and criminal misconduct by public servant punishable
    under Sections 409, 420, 471 of IPC along with Section 13(2) r/w
    13(1)(d) of PC Act, 1988.

    (v) The Investigating Officer (PW44), after conducting investigation
    sought sanction to prosecute the Respondent and filed the
    chargesheet for offences as enumerated hereinabove. The sum and
    substance of the chargesheet was that the Respondent was solely
    responsible for the expenditure of sanctioned amount of
    Rs.4,50,000/- (Rupees Four Lakhs Fifty Thousand only) and using
    twelve forged bills/vouchers, some of which were used for services
    and heads not used or purchased for falsely claiming an amount of
    Rs.94,090/- (Rupees Ninety Four Thousand Ninety only) and
    further claiming a sum of Rs.3,92,811/- (Rupees Three Lakhs
    Ninety Two Thousand Eight Hundred & Eleven only) as paid to

    3 17

    ::: Uploaded on – 20/05/2026 ::: Downloaded on – 20/05/2026 21:21:13 :::
    CRIA-32-2024

    one Thomson Enterprises when actually only Rs.3,48,934/- (Rupees
    Three Lakhs Forty Eight Thousand Nine Hundred & Thirty Four
    only) was paid.

    (vi) The Respondent pleaded not guilty and claimed to be tried. The
    prosecution examined 44 witnesses on behalf of the prosecution.
    The Respondent has not examined either himself or any witnesses in
    defence.

    (vii) By way of the impugned judgment and order, the Respondent was
    acquitted of the offences punishable under Sections 409, 420, 471 of
    IPC along with Section 13(2) r/w 13(1)(d) of PC Act, 1988.

    3. Aggrieved by the impugned judgment and order, the CBI-ACB
    approached this Court by way of the present Appeal. This Court, vide order
    dated 08.07.2024, admitted the Appeal, which is finally heard by consent with
    the able assistance of the respective Counsels.

    4. On behalf of the Appellant, learned Special Public Prosecutor, Mr
    Faldessai, has assailed the order of acquittal on several grounds. He argued that
    the finding of the learned Trial Court that the sanctioning order does not
    disclose application of mind is erroneous. According to him, the learned Trial
    Court ought to have considered the evidence of PW39, who has very clearly
    deposed how the competent Authority had the jurisdiction and the
    competence to grant sanction to prosecute the Respondent and that the
    learned Trial Court ought not to have held that there was no sanction to
    prosecute the Respondent only because the IO failed to comply with the

    4 17

    ::: Uploaded on – 20/05/2026 ::: Downloaded on – 20/05/2026 21:21:13 :::
    CRIA-32-2024

    circular of 2015. He contended that the Trial Court ought to have considered
    that complying with the aforesaid circular was not sine qua non but only to
    assist the sanctioning Authority in arriving at an opinion.

    5. The learned Special Public Prosecutor criticised the finding of the
    learned Trial Court, which has exonerated the Respondent on the ground that
    he was not solely responsible for the purchase/procurement of stores in view
    of the fact that a committee was constituted by PW34 and the Respondent
    was only a member of the said committee, by arguing that the Respondent was
    not only the Assistant Director but also the DDO and hence he was
    responsible for the purchase/procurement of stores.

    6. The learned Special Public Prosecutor has assailed the finding of the
    learned Trial Court that since the Lease Agreement of Balaji Stationers was
    not produced, the prosecution had failed to prove that PW31 was the owner
    of Balaji Stationers. According to the learned prosecutor, the Trial Court
    ought to have considered that once the bill was produced and exhibited on
    behalf of the prosecution, the burden shifts on the Respondent to show that
    the bill was used by him for claiming and disbursement of money. Since the
    Respondent failed to discharge this burden, the learned Trial Court ought to
    have drawn adverse inference against the Respondent. PW40, who was shown
    the bill no.537 has deposed that the signature on the bill is not his, which
    clearly indicated that the Respondent had produced a fake and forged bill on
    the basis of which he claimed the amount.

    5 17

    ::: Uploaded on – 20/05/2026 ::: Downloaded on – 20/05/2026 21:21:13 :::
    CRIA-32-2024

    7. The learned Special Public Prosecutor also assailed the finding of the
    learned Trial Court in coming to the conclusion that it was doubtful as to
    whether PW14 received payment against three bills and disbelieved the said
    evidence, by arguing that only because PW14 did not remember whether he
    had received the payment of the aforesaid bills, his entire evidence could not
    be discarded.

    8. The learned Special Public Prosecutor has criticised the finding of the
    learned Trial Court, disbelieving the evidence on the point of fake bills
    connected with the evidence of PW13, Proprietor of a stationery shop, on the
    ground that the amounts under the bills were claimed by the Respondent,
    which clearly shows that the Respondent made use of the fake documents
    knowingly. He also finds fault with the observation of the learned Trial Court
    that the inquiry report in pursuance to the departmental inquiry exonerated
    the Respondent when, according to him, there was other clear evidence
    against the Respondent on record and that the departmental inquiry had no
    bearing on the investigation in the present case.

    9. The learned Special Public Prosecutor has further argued that an
    adverse inference ought to have been drawn by the learned Trial Court against
    the Respondent insofar as the bills issued by PW18 were concerned, since
    according to him, the Respondent has not discharged the burden of showing
    as to how the payment was made to PW18 by him. He has also criticised the

    6 17

    ::: Uploaded on – 20/05/2026 ::: Downloaded on – 20/05/2026 21:21:13 :::
    CRIA-32-2024

    finding of the learned Trial Court, which disbelieved the seizure panchanama
    conducted in the house of the Respondent, wherein some documents were
    seized. He has also found fault with the observation of the learned Trial
    Court, which disbelieved the opinion of the handwriting expert PW42, while
    not considering the evidence in proper perspective and also ignoring the fact
    that the case before the learned Trial Court was not based solely on the
    opinion of the expert, but there was other independent corroborative material
    to prove the guilt of the Respondent.

    10. According to the learned Special Public Prosecutor, the learned Trial
    Court has erred in holding that the sanction was issued by the competent
    Authority only on the basis of the statement of PW1, who deposed that the
    Development Commissioner MSME-DI was the controlling and appointing
    Authority of the Respondent. According to him, the non-production of a
    copy of the gazette Notification relating to the appointment of the Officer
    signing the order to the office held by the Respondent at the time of the
    sanction was not fatal to the prosecution. These were at the highest mere
    irregularities in sanction to prosecute and the Respondent had not
    demonstrated that non adherence of the aforesaid technicalities resulted in
    failure of justice. Further, according to him, the learned Trial Court has
    ignored the evidence of those witnesses, who have deposed about the blank
    bills, which according to the prosecution were issued at the request of the
    Respondent. The learned Special Public Prosecutor prayed for reversing the
    order of acquittal.

    7 17

    ::: Uploaded on – 20/05/2026 ::: Downloaded on – 20/05/2026 21:21:13 :::
    CRIA-32-2024

    11. Per contra, on behalf of the Respondent, it was submitted that the
    sanction was sought by the Appellant by suppressing the departmental inquiry
    report from the sanctioning Authority in violation of CVC Guidelines and
    o ser atio s o the Ho le Ape Court in the case of CBI V/s. Ashok
    Kumar Agarwal1. It was further submitted that in view of the non-
    compliance of circular no.08/05/2015 issued by CVC, which enumerates that
    i stru tio s a d uideli es issued the Ho le Ape Court pertai i to
    the material to be placed before the Sanctioning Authority prior to the grant
    or rejection of sanction, the very foundation of the process of seeking and
    obtaining the sanction from the competent Authority is vitiated. The
    Counsel for the Respondent strenuously submitted that after going through
    the evidence of the Sanctioning Authority, the sanction order nowhere
    discloses which documents were perused by the Authority and on what basis
    he satisfied himself for according the sanction. All the relevant materials were
    not placed before the Sanctioning Authority. Arguing that application of
    mind on the part of the Sanctioning Authority is imperative, the order
    granting sanction must demonstrate application of mind of the Sanctioning
    Authority, which is evidently missing in the present case.

    12. Arguing that the prosecution has neither pleaded nor proved any loss
    of funds of whatsoever nature, it was pointed out that the Respondent did not
    have any financial powers. All the financial powers were vested in the

    1
    2014 AIR SC 827

    8 17

    ::: Uploaded on – 20/05/2026 ::: Downloaded on – 20/05/2026 21:21:13 :::
    CRIA-32-2024

    Director, MSME-DI. The procurement of stores was carried out in
    accordance with the directions of the expenditure committee and was not the
    sole prerogative of the Respondent. Merely because the Respondent was
    DDO, he cannot be saddled with the acts of the expenditure committee.
    Pointing out the difference, learned Counsel for the Respondent, highlighted
    the fact that the Respondent was a member of the organising committee of
    NVDP and he was also the programme coordinator, whereas the expenditure
    committee was responsible for the expenditure incurred. The depositing of
    the amount of Rs.2,25,000/- (Rupees Two Lakhs Twenty Five Thousand
    only) in the personal account of the Respondent was not a unilateral act on
    the part of the Respondent and that all the members of the expenditure
    committee were jointly and severally responsible/accountable. Insofar as the
    document at Exhibit 63 collectively, it was argued on behalf of the
    Respondent that DDO has no power to sign unless approved by the
    controlling officer. There were no irregularities insofar as Exhibit 63 is
    concerned. All these facts have been corroborated by PW1. In fact, PW2,
    PW11 and PW6 also corroborate the aforesaid facts.

    13. The Respondent argued that insofar as the issue of fake and forged
    bills was concerned, the learned Trial Court has correctly observed that the
    evidence of the concerned witnesses reveals inherent and fundamental lacunae
    which clearly establish that these witnesses are not reliable or creditworthy.
    Insofar as the issue of forgery of certain bills is concerned, it was argued that
    the specimen handwriting of the Respondent was never taken during the

    9 17

    ::: Uploaded on – 20/05/2026 ::: Downloaded on – 20/05/2026 21:21:13 :::
    CRIA-32-2024

    course of the investigation and, therefore, the opinion of the handwriting
    expert had no bearing or evidentiary value.

    14. Before appreciating the merits, it must be emphasised that the scope
    and parameters of examining an appeal against acquittal are set out by the
    Ho le Apex Court in various judgments, some of which are C. Antony v/s.
    Raghavan Nair2, K. Prakashan v/s. P. K. Surendran3 and State of Goa
    v/s. Sanjay Thakran4. The principles that can be culled out from the
    aforesaid judgments are that while dealing with appeals against acquittal, the
    Appellate Court must bear in mind that there is a presumption of innocence
    in favour of the accused person and such presumption is strengthened by the
    order of acquittal passed in his favour by the Trial Court. The accused person
    is entitled to the benefit of reasonable doubt when it deals with the merit of
    the appeal against acquittal. Unless the conclusions reached by the trial court
    are palpably wrong or based on erroneous view of the law, or if such
    conclusions, allowed to stand, are likely to result in grave injustice, the
    appellate court should be reluctant to interfere with such conclusions. Merely
    because the appellate court, on re-appreciation and re-evaluation of the
    evidence, is inclined to take a different view, interference with the judgment
    of acquittal is not justified if the view taken by the trial court is a possible view.

    2

    (2003) 1 SCC 1
    3
    (2008) 1 SCC 258
    4
    (2007) 3 SCC 755

    10 17

    ::: Uploaded on – 20/05/2026 ::: Downloaded on – 20/05/2026 21:21:13 :::
    CRIA-32-2024

    15. Examining the impugned judgment and order in the light of the
    aforesaid principles, the learned Trial Court has after perusing the material on
    record and considering the arguments advanced by the respective Counsels,
    framed the following questions, which arose for its determination:

    (i) Whether the accused falsely claimed an amount of
    ₹94,090/- by using 12 bills/vouchers for services or heads not
    used or purchased?

    (ii) Whether the a used lai ed a su o ₹ , , /- as paid
    to Tho so E terprises he a tuall o l ₹ , , /- was
    paid?

    (iii) Whether it is proved that the accused had committed
    offences under Section 409, 420, 471 IPC and Sections 13(2) r/w
    13(1)(d) of the Prevention of Corruption Act 1988?

    (iv) Whether the sanction to prosecute the accused suffers from
    any illegality?

    16. Marshalling the evidence in order to answer the first question, the
    learned Trial Court has observed that the Respondent was not solely
    responsible for the purchase/procurement of stores/services in view of the
    order dated 03.01.2013, issued by PW34. Referring to an office order dated
    24.01.2013, issued by PW34, the Trial Court has observed that the
    Respondent was allotted the work of printing activities of MSME-DI, visiting
    large-scale units in Goa and conducting cultural events in coordination with
    the event manager. Observing that there is absolutely no evidence indicating
    the person/s who had collected or submitted any of the bills, which are alleged

    11 17

    ::: Uploaded on – 20/05/2026 ::: Downloaded on – 20/05/2026 21:21:13 :::
    CRIA-32-2024

    to be fake and fabricated, the learned Trial Court has further referred to the
    cross-examination of PW31 and PW12, observing that their evidence does not
    conclusively prove the forgery of the bills as alleged by the prosecution.
    Co e ti o the ill os. a d issued Paradise Statio ers , it
    a ot e o luded that these ills ere ot issued Paradise Statio ers .
    Cross-examination of PW6 establishes that he has falsely deposed that he never
    came across a firm a e Photozone . Similarly, dealing with the other
    purported fake and forged bills and marshalling the evidence of the
    corresponding witnesses, the learned Trial Court has come to the conclusion
    that the prosecution has failed to prove that an amount of Rs.94,090/-
    (Rupees Ninety Four Thousand Ninety only) were claimed by the
    Respondent by using 12 bills/vouchers for services neither used nor
    purchased. Referring to the departmental inquiry report, the learned Trial
    Court has observed that the Inquiry Officer/PW1, who had conducted the
    departmental inquiry, which records that the procurement of goods and
    services were made as per procedure and there was no truth in the allegations
    made in the FIR. Thus, the learned Trial Court has answered the first
    question referred to hereinabove in the negative.

    17. Examining the evidence pertaining to the second question framed for
    determination by the learned Trial Court, it has referred to the evidence of
    PW18 and observed that the amount of Rs.1,68,877/- (Rupees One Lakh
    Sixty Eight Thousand Eight Hundred and Seventy Seven only) is paid to
    Thomson Enterprises as can be seen from the contingent bill at Exhibit 63.
    Therefore, the learned Trial Court has disbelieved the allegation that although

    12 17

    ::: Uploaded on – 20/05/2026 ::: Downloaded on – 20/05/2026 21:21:13 :::
    CRIA-32-2024

    an amount of Rs.3,92,811/- (Rupees Three Lakhs Ninety Two Thousand
    Eight Hundred and Eleven only) was claimed, only a sum of Rs.3,48,934/-
    (Rupees Three Lakhs Forty Eight Thousand Nine Hundred and Thirty Four
    only) was paid to Thomson Enterprises. Hence, the learned Trial Court has
    answered the second question framed for determination in the negative.

    18. Dealing with the evidence in order to examine whether the Accused
    had committed offences as alleged, the learned Trial Court, after taking a
    conspectus of the entire evidence, makes several observations. Firstly, that the
    letter dated 31.07.2012 proves the allocation and sanction of the funds by the
    competent Authority. This fact is corroborated by the Investigating Officer
    examined as PW44. PW11 has deposed that all the bills pertaining to the
    expenditure of NVDP programme were first placed before the Director for
    approval and after his approval the said bills went to the course coordinator
    and that no bills could be passed for payments without a prior approval of the
    Director. PW4 has deposed that the Respondent had submitted the bills with
    the approval of the Director. At the time of putting the signature on the bills,
    the Respondent would not be in a position to note who had submitted the
    bills. PW1 has deposed that the Director, MSME-DI, was closely supervising
    the conduct of the event and that other officers were assisting him. Every
    action of the Respondent in respect of the NVDP was in terms of the
    directions of PW34 (Director) and all the signatures on the document were
    put by the Respondent while working under such directions. PW1 further
    admits that the Respondent as DDO has no powers to sign the bills unless they
    are approved by the Controlling Officer. In view of the aforesaid

    13 17

    ::: Uploaded on – 20/05/2026 ::: Downloaded on – 20/05/2026 21:21:13 :::
    CRIA-32-2024

    observations, the learned Trial Court observed that the prosecution has failed
    to prove either that the Respondent was entrusted with the funds or that he
    had dishonestly converted the funds for his own use and held that Section 409
    IPC cannot be applied to the facts of the case. The learned Trial Court further
    observed that taking a conspectus of the evidence of PW42, PW44, the
    specimen handwritings of the Respondent and other evidence, there is no
    evidence to suggest that the documents were forged by the Respondent.
    There is also no material to indicate that the Respondent had any knowledge
    that any of the bills were forged.

    19. The learned Trial Court has while dealing with the allegations of
    cheating qua the Respondent, has observed that the ingredients of Section 415
    of IPC, which defines the offence of cheating, are not attracted. The learned
    Trial Court has also observed that there is absolutely no evidence which proves
    any wrongdoing on the part of the Respondent insofar as the offence of
    criminal misconduct under Section 13(1)(d) of the PC Act, especially when
    considered in the backdrop of the inquiry report. Considering that the
    inquiry was precisely in respect of the allegations made in the FIR and
    considering that the nature of proof in a criminal matter is much higher than
    that required in a preliminary inquiry. In view thereof, he observes that the
    findings in the said report assume significance. Pointing to several
    investigation lapses, the learned Trial Court has observed that the presence of
    the independent witnesses at the time of search was doubtful. He further
    observes that even if it assumed that the said documents were found at the
    residence of the Respondent, it is not the case of the prosecution that the

    14 17

    ::: Uploaded on – 20/05/2026 ::: Downloaded on – 20/05/2026 21:21:13 :::
    CRIA-32-2024

    Respondent had used any of the documents allegedly found in his residence
    for claiming any amount towards NVDP 2012-13 and hence even assuming
    that the documents were found at his residence, it does not prove any of the
    charges against the Respondent. In view thereof, the learned Trial Court
    concludes that the prosecution has failed to prove that the Respondent has
    committed offences punishable under Section 409, 420, 471 of IPC and
    Section 13(2) r/w 13(1)(d) of PC Act, 1988.

    20. In answer to the last question framed by the learned Trial Court as to
    whether the sanction to prosecute the Respondent suffers from any illegality,
    the learned Trial Court has after reproducing Section 19(1)(c) of PC Act,
    1988, has observed that PW39 has produced the sanction order to prosecute
    the Respondent for offences punishable under Sections 409, 420, 471 of IPC
    and Section 13(2) r/w 13(1)(d) of PC Act, 1988. During the evidence, PW39
    denied that he was the Secretary of the Department of Economic Affairs. He
    deposed that the Respondent joined the service of the Indian Economic
    Service (IES), which is under the administrative control of the Department of
    Economic Affairs, Ministry of Finance and, as such, he was under the
    administrative control of the Ministry of Finance. He also deposed that he
    had not looked into the matter of removal of the Respondent but only looked
    into the aspect of sanction to prosecute him. PW44 (IO) has admitted that
    the letters for obtaining sanction were addressed by the Head of Branch, i.e.
    V. Ashok Kumar, to the MSME, New Delhi and he did not verify as to how
    the sanction was granted by the Department of Economic Affairs. PW44
    further confirmed that the letter seeking sanction to prosecute the

    15 17

    ::: Uploaded on – 20/05/2026 ::: Downloaded on – 20/05/2026 21:21:13 :::
    CRIA-32-2024

    Respondent was addressed to MSME, New Delhi and the sanction to
    prosecute was sought from the Development Commissioner, MSME, New
    Delhi. PW1, the Inquiry Officer, has given evidence that the Additional
    Secretary and the Development Commissioner, MSME-DI, was the
    controlling and appointing Authority of the Respondent. Since the offence
    was allegedly committed in February 2013, when the Respondent was under

    the administrative control of the Development Commissioner, MSME, it is
    impossible that the Department of Economic Affairs was aware of the nature
    of the work carried out at MSME-DI. In the light of the evidence discussed
    hereinabove, the learned Trial Court has come to the conclusion that the
    sanction was not issued by the competent Authority.

    21. The learned Trial Court has referred to the circular dated 25.05.2015,
    issued the CVC a ter re erri to the jud e t o the Ho le Supreme
    Court in the case of Ashok Kumar Agarwal (supra), which has directed all
    administrative Authorities to follow the guidelines of the aforesaid circular.

    The Ho le Supre e Court i the atter o CBI V/s. Ashok Kumar
    Agarwal (supra) has directed that the prosecution must send the entire
    relevant record to the sanctioning Authority, including the FIR, disclosure
    statements, statements of witnesses, recovery memos and all other relevant
    material. Adverting to the evidence of PW44, the learned Trial Court observes
    that PW44 did not send documents at Serial no.1 of Exhibit 67 (Inquiry
    Report) as he did not find it necessary. He deposed that he had read the
    document before filing the chargesheet and that the said document pertained
    to the departmental inquiry against the Respondent regarding the allegations

    16 17

    ::: Uploaded on – 20/05/2026 ::: Downloaded on – 20/05/2026 21:21:13 :::
    CRIA-32-2024

    made in respect of NVDP 2012-13. Thus, it is evident that the preliminary
    inquiry report, which dealt with the charges alleged in the FIR against the
    Respondent and which exonerated the Respondent, was not sent to the
    sanctioning Authority inspite of the fact that it was forwarded by the Inquiry
    Officer to the Investigating Officer of CBI. Referring to various case laws and
    Chapter VII of CBI Manual, the learned Trial Court holds that the
    prosecution had failed to prove that the sanction accorded to the Respondent
    suffers from no illegality. In fact, the learned Trial Court has held that the
    sanction to prosecute the Respondent is erroneous and illegal.

    22. It is upon a conspectus of the aforesaid answers marshalled by the
    Trial Court in response to the questions framed for determination that the
    Trial Court has ultimately acquitted the Respondent.

    23.

    24.

    25. The

    ASHISH S. CHAVAN, J.

    17 17

    ::: Uploaded on – 20/05/2026 ::: Downloaded on – 20/05/2026 21:21:13 :::



    Source link

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here