[17-Crore Fraud Case] "Abuse Of Public Office For Private Gain Has Hit Nation Badly": Allahabad HC Refuses To Quash FIR

While refusing to quash criminal proceedings in connection with a fraud involving Rs. 17 Crore of public money, the Allahabad High Court recently stressed that the abuse of public office for private gain has grown in scope and scale and hit the nation badly and that corruption reduces revenue, slows down economic activity, and holds back economic growth.

Essentially, the Bench of Justice Rajiv Gupta was hearing a 482 CrPC application filed by one Durga Datt Tripathi who has been named as an accused in Rs.17.27 crores embezzlement case.

In his 482 CrPC application, Tripathi prayed to quash the charge-sheet, cognizance order, as well as entire proceedings in connection with the FIR, registered against him under Sections 409, 420, 465, 468, 471, 120-B IPC, Sections 13(1)D, 13(1)C, 13(2) of Prevention of Corruption Act.

As per the FIR, it was alleged that financial budget was allotted to Directorate, Ayurvedic Evam Unani Services for the Financial Years 1990-91, 1991-92, and 1992-93, however, the amount expended was much more than the amount allotted.

Taking into account the entire allegations made in the FIR and the material collected during the course of the investigation, the Court was of the view that it was not a fit case to quash the criminal proceedings.

Further, before parting with the case, the Court also underscored that for the successful working of democracy, it is essential that public revenues are not defrauded and the public servants do not indulge in corruption and if they do, allegations of corruption are inquired into fairly and properly and those, who are guilty, are brought to book.

"The abuse of public office for private gain has grown in scope and scale and hit the nation badly, corruption reduces revenue. It slows down economic activity and hold back economic growth. In recent times, there has been concern over the need to ensure that the corridor of power remain untainted by corruption and nepotism and there is optimum utilization of resources and funds. Corruption has the potentiality to destroy many a progressive aspect and has acted as formidable enemy of the nation," the Court further added.

Case title - Durga Datt Tripathi v. State of U.P. and Another
Case citation: 2022 LiveLaw (AB) 81

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