Nagpur: The division bench of Justices Vinay Joshi and Valmiki Menzes at the Nagpur Bench of Bombay High Court has quashed the First Information Report (FIR) and chargesheet filed against Police Inspector (PI) Rangnath Dharbade.
The prosecution had alleged that Uttam Khandekar, who had been externed from Gondia District, was approached by Police Head Constable Ramsingh Bais from Gondia Police Station. Bais allegedly demanded a bribe of Rs 5,000 for himself and Rs 10,000 for PI Dharbade in exchange for assisting Uttam.
Uttam lodged a complaint with the Anti-Corruption Bureau (ACB) on January 17, 2021. The prosecution further claimed that Bais eventually accepted the bribe and the FIR was registered against Bais and Dharbade. However, in defence of PI Dharbade, Adv Prakash Naidu argued before the High Court that Bais had made the bribe demand while serving the externment order. Adv Naidu highlighted that the accused PI did not confirm or participate in any alleged demand made by Constable Bais. He emphasised that according to the provisions of the Prevention of Corruption Act, establishing the initial demand at the premises of the bribe exchange is crucial.
Adv Naidu referred to relevant legal precedents, including Clause 1 and 3 of Paragraph 108 of the Supreme Court’s judgment in the case of Bhajanlal, to support his argument. After carefully considering the arguments presented, the High Court concluded that there was no substantial evidence connecting PI Dharbade to the alleged offence. Consequently, the High Court quashed the FIR and chargesheet against the PI.
Adv Prakash Naidu, along with Joseph Bastian and Surabhi Godbole Naidu, represented the applicant.