Atul Ramdas Dabare v. the State of Maharashtra and Ors.
Case brief
What is this about?
The court rejected the writ petition challenging an FIR under the Prevention of Corruption Act filed against a Police Patil. It held that a Police Patil is a public servant under clause (c)(8) of section 2 of the Act due to the public duties assigned by statute. Regarding merits, the court refused to interfere during the ongoing investigation.
What did the court decide?
The writ petition was rejected; the contentions regarding merit were held open for the appropriate stage before the appropriate Court.
What the court decided
crwp449
1
ssp
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELATE JURISDICTION
WRIT PETITION NO. 449 OF 2017
Atul Ramdas Dabare
vs.
State of Maharashtra & Ors.
...Petitioner
...Respondents
Mr.Satyavrat Joshi i/b Mr.Balwant Vittal Salunke for
the Petitioner
Mr.K.V.Saste, APP for the respondent Nos.1 and 2
CORAM : A.S.OKA, &
SMT.ANUJA PRABHUDESSAI, JJ.
DATE : MARCH 16, 2017
ORAL JUDGMENT: (PER A.S.OKA,J.)
1Heard the learned counsel for the petitioner
and the learned APP for the first and second
respondents. The prayer in this petition under
Article 226 of the Constitution of India is for
quashing the FIR registered for the offences
punishable under section 7A, 13(1)(e) read with
section 13(2) of the Prevention of Corruption
Act,1988 (for short `the said Act'). The petitioner
is a Police Patil appointed under the Maharashtra
Village Police Act,1967 (for short “the said Act of
1967”). The challenge in this petition under
Article 226 of the Constitution of India is mainly
on the ground that the petitioner is not a public
servant within a meaning of clause(c) of section 2
of the said Act.
Issues for consideration
3 issues framed by the court
Whether a Police Patil appointed under the Maharashtra Village Police Act, 1967 is a public servant within the meaning of clause (c) of section 2 of the Prevention of Corruption Act, 1988.
Whether the petitioner is entitled to quash the FIR at this stage given that the investigation is in progress.
Whether the reliance on the Rajeshwar case excludes a Police Patil from being a public servant.
Parties & counsel
- petitioner
Atul Ramdas Dabare
- respondent
State of Maharashtra
Coram
A.S. OKA
Case details
As recorded by the court registry
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