The Chhattisgarh High Court has refused to quash a 31-year-old corruption case against an 83-year-old retired government employee, ruling that the seriousness of the allegations and the availability of prima facie evidence outweigh the delay in investigation and prosecution.
Court's Decision
A Division Bench comprising Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru dismissed a petition that challenged an FIR registered by the Economic Offences Wing and Anti-Corruption Bureau in 1995, along with the subsequent charge-sheet, cognizance order, and charges framed under the Prevention of Corruption Act.
Petitioner's Arguments
The petitioner argued that more than three decades had passed since the case was registered, making the continuation of prosecution unjustified. He highlighted that the charge-sheet was filed only in December 2024, despite sanction for prosecution being granted in October 2020. He also cited his advanced age and retirement from service as grounds for quashing the case.
Court's Observations
Rejecting the plea, the High Court observed that the allegations involved serious financial misconduct and that the materials on record prima facie supported the prosecution's case. According to the charge-sheet, the petitioner allegedly amassed disproportionate assets worth Rs 43.38 lakh, assessed at 303.45% above his known sources of income. The investigation also alleged acquisition of assets, shares, and debentures in the names of his wife and children.
Legal Principle
The Bench held that delay alone cannot be treated as a ground to terminate criminal proceedings, particularly in corruption cases involving substantial evidence. The court directed the trial court to conclude proceedings within six months.
