HC quashes case against ex-Adv Gen, imposes fine on respondent

Justice V Jagannathan quashed the case while allowing the petition filed by Acharya and directed the respondent to pay him Rs 50,000 as costs in three months.

The court observed that his charges were untenable and the trial court judge should have applied his mind before ordering a probe under Section 156(3) CrPC.

It further held that in case of a public servant, there should be prior sanction by a competent authority before instituting a complaint, which was not there in this case.

Reading of the entire complaint does not disclose the ingredients of offences alleged by the complainant and in such circumstances, the high court can exercise its power under section 482 CrPC to quash the proceedings, it said.

The court held Right to Reputation is a fundamental right granted under Article 21 of the Constitution and Acharya's reputation has been harmed by the complaint, which does not disclose ingredients of the alleged offences.

Acharya, special public prosecutor in the disproportionate asset case against Tamil Nadu Chief Minister Jayalalithaa and member of Central Law Commission, had filed the petition on April 24, seeking quashing of the case on the ground that it was "ill-motivated" and solely intended with dislodging him form his position as the SPP in the case.

Acharya's counsel Ashok Haranahally had submitted that the charges of "unaccounted violations and misappropriation of funds in the name of developments" were not substantiated in the case and were therefore "not maintainable".

The complaint did not have valid sanction order from a competent authority and had been filed for "extraneous reasons" with the intention that the petitioner does not appear as SPP in the said case, he contended.

Subsequently, the high court had stayed further proceedings. (MORE)