Facts of the Case

The petitioner, Puskar Sarkar, a civil engineer engaged on a temporary basis as 'Urban Infrastructure Expert' under the AMRUT scheme by Berhampore Municipality since November 2016, sought quashing of proceedings in G.R. Case No. 4031 of 2019, arising from an FIR registered under Sections 420, 406 and 408 of the Indian Penal Code, alleging corruption in the tender process for municipal development works. This is a straightforward criminal-law case about quashing an FIR for alleged municipal corruption — it does not involve any GST law question.

Issues Involved

  1. Whether the FIR and consequent proceedings against the petitioner, alleging corruption in Berhampore Municipality's tender process, should be quashed as an abuse of the process of law.

Petitioner's Arguments

  • The petitioner was innocent and had no connection with the alleged offences, and the complaint's contents were vague and misconceived.
  • The petitioner's engagement as Urban Infrastructure Expert had been repeatedly extended over three years based on consistently satisfactory performance certificates, undermining any suggestion of dishonest conduct in the tender process.
  • The petitioner had already been granted anticipatory bail earlier in the same matter.

Respondent's Arguments

  • The State opposed quashing, maintaining that the FIR disclosed a cognizable offence relating to corruption in the tender process for municipal development works and that investigation should be allowed to proceed.

Court Order / Findings

  • Applying the well-established guidelines from State of Haryana v. Bhajan Lal (as reaffirmed in Neeharika Infrastructure Pvt. Ltd. v. State of Maharashtra), the Court found the case fell within the categories warranting quashing.
  • It directed the Principal Secretary, Urban Development and Municipal Affairs, to personally enquire into the matter and fix responsibility for any actual defalcation of government funds within six months.
  • The criminal revision was allowed, and the FIR/G.R. Case No. 4031 of 2019 was quashed, with all connected applications disposed of and any interim order vacated.

Important Clarification

This decision has no bearing on any GST question — it is a criminal-law ruling quashing an FIR for want of a made-out case against this particular petitioner, while separately directing an administrative enquiry to actually identify who, if anyone, misused municipal funds.

Sections Involved

  • Indian Penal Code, 1860 — Sections 420, 406 and 408, under which the FIR was registered.
  • Code of Criminal Procedure, 1973 — Section 482 (inherent powers), under which quashing was sought, guided by the Bhajan Lal principles.

Decision – In Favour of

Decided in favour of the petitioner — the FIR and criminal proceedings against him were quashed.

Case Details

  • Court: High Court at Calcutta, Criminal Revisional Jurisdiction, Appellate Side
  • Case Number: CRR 96 of 2020
  • Coram: Hon'ble Justice Shampa Dutt (Paul)
  • Date of Judgment: 29.08.2023

Link to Download the Order

Click here to view/download the full order

Disclaimer

This content is shared strictly for general information and knowledge purposes only. Readers should independently verify the information from reliable sources. It is not intended to provide legal, professional, or advisory guidance. The author and the organisation disclaim all liability arising from the use of this content. The material has been prepared with the assistance of AI tools.