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'No Locus': Gujarat High Court Dismisses Plea Seeking CID Probe Into Alleged Corruption & Irregularities In Agriculture Produce Market
PRIYANKA PREET
11 July 2022 7:00 AM GMT
The Gujarat High Court recently dismissed a plea seeking probe by specialized agency like CID (Economic Offences Wing) or Anti-Corruption Bureau into alleged corruption and financial irregularities of "millions of rupees" in the Agriculture Produce Market.Justice Nirzar Desai observed that the complainant (Applicant herein) could not establish his locus standi and that he could not point out...
The Gujarat High Court recently dismissed a plea seeking probe by specialized agency like CID (Economic Offences Wing) or Anti-Corruption Bureau into alleged corruption and financial irregularities of "millions of rupees" in the Agriculture Produce Market.
Justice Nirzar Desai observed that the complainant (Applicant herein) could not establish his locus standi and that he could not point out as to how he is aggrieved by the alleged offences committed by the persons named in the application.
The complainant alleged irregularities by Kapadwanj Agriculture Produce Market Committee and submitted that till date no actions are taken by the concerned authorities.
He had initially submitted a complaint about the market irregularities in the Produce Market Committee in 2019. He had also approached the High Court by filing an application, which was disposed of with the direction to the police authority to look into the matter if evidence was available or else the Applicant could seek appropriate recourse in accordance with the law.
It was the grievance of the Petitioner that despite the order, no FIR was registered. Subsequently, the Petitioner sought certain details under the Right to Information Act wherein legal action against certain persons was ordered by the District Registrar basis some irregularities. Against the aforesaid order, an appeal is preferred and the same is pending.
While dismissing the instant application, the High Court observed that it is true that certain directions were issued to the police authorities for registration of FIR. However, in the same order it was also made clear that if no material was available for taking cognizance of the offence, the police authorities should inform the Application of the same.
Per the response of the Public Information Officer to the Applicant's RTI, a thorough investigation had been undertaken and yet no evidence was available for the allegations made by the Applicant. This response was subsequently challenged by the Application before the Gujarat Information Commission. In the instant petition, Justice Desai pointed out that there was nothing found for an FIR to be registered. Further, action had been taken erring officers, as well. The Single Judge Bench remarked:
"Further, as far as the report submitted by District Cooperative Registrar pursuant to the inquiry is concerned, when the appeal against the said report is pending before the concerned authority, it would not be appropriate for this Court to issue any direction in respect of the same, more particularly when the District Registrar, Cooperative Societies is not party before this Court."
Accordingly, the petition was dismissed.
Case Title: PATEL MANUBHAI RAMABHAI v/s STATE OF GUJARAT & 1 other(s)
Case No.: R/SCR.A/8423/2020
Citation: 2022 LiveLaw (Guj) 267
