CENTRAL BUREAU OF INVESTIGATION versus A. RAVISHANKAR PRASAD & ORS

CENTRAL BUREAU OF INVESTIGATION versus A. RAVISHANKAR PRASAD & ORS

Inherent powers under s.482 CrPC should not be exercised to quash legitimate prosecution, especially where substantial evidence exists, trial is advanced, and quashing proceedings would affect linked prosecutions. Settlement of civil dues does not absolve criminal liability for fraud or conspiracy. High Court erred in quashing proceedings against respondents.

Parties
Appellant: Central Bureau of Investigation; Respondent: A. Ravishankar Prasad; Respondent: A. Manohar Prasad
Jurisdiction
India
Judgment Date
15 May 2009
Procedural Posture
Criminal Appeal / Appeal Against Order Quashing Criminal Proceedings by High Court
Outcome
Appeals allowed; judgment of High Court quashing criminal proceedings set aside.
Legal Topics
Inherent Powers Under S.482 Cr PC, Bank Fraud, Quashing of Criminal Proceedings, Conspiracy, Forgery, Prevention of Corruption Act
Criminal Law Inherent Powers Under S.482 Cr PC Bank Fraud Quashing of Criminal Proceedings Conspiracy Forgery Prevention of Corruption Act

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Parties

Central Bureau of Investigation

Appellant

A. Ravishankar Prasad

Respondent

A. Manohar Prasad

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Order Quashing Criminal Proceedings by High Court

Legal Issues

  1. 1 Whether the exercise of inherent powers by the High Court under s.482 CrPC to quash criminal proceedings was proper
  2. 2 Whether settlement of dues with the bank absolves criminal liability of respondents
  3. 3 Impact of quashing criminal proceedings on cases against bank officials

Ratio Decidendi

Inherent powers under s.482 CrPC should not be exercised to quash legitimate prosecution, especially where substantial evidence exists, trial is advanced, and quashing proceedings would affect linked prosecutions. Settlement of civil dues does not absolve criminal liability for fraud or conspiracy. High Court erred in quashing proceedings against respondents.

Court Disposition

Appeals allowed; judgment of High Court quashing criminal proceedings set aside.

Orders

  • Trial court directed to conduct trial on day-to-day basis and parties to cooperate.
  • Trial court to avoid unnecessary adjournments and conclude trial expeditiously.