RAKESH SAXENAversusSTATE THROUGH C.B.I.
- Citation
- 1986 INSC 228
- Decided
- 7 November 1986
- Disposal
- Appeal(s) allowed
- Bench
- P N BHAGWATI
Holding
When offences alleged to have been committed over six years ago by a low‑ranking employee are unlikely to result in conviction and would require a protracted trial, the prosecution serves no useful purpose and the charges may be quashed.
Summary
The Supreme Court entertained a Special Leave Petition under Article 136 filed by Rakesh Saxena, a low‑ranking trader in the Foreign Exchange Division of a bank, against charges filed by the CBI. The Court noted that the alleged offences were said to have occurred more than six years earlier and that the trial would be complex, likely lasting two to three years, with a doubtful prospect of conviction. Given the appellant's minor position in the bank hierarchy, the Court held that continuing the prosecution would serve no useful purpose. Consequently, the Court allowed the appeals and quashed the criminal charges, while indicating that the bank could pursue any civil remedies it may have against the appellant. The judgment underscores the Court's discretion to dismiss prosecutions that are unduly delayed and unlikely to result in conviction.
Issues considered
- Whether the prosecution should be allowed to proceed despite a delay of over six years and the appellant's low rank in the bank hierarchy.
- Whether a Special Leave Petition under Article 136 can be used to quash criminal charges on the ground of futility and undue delay.
Subjects
Judgment
RAKESH SAXENA
A
v.
-..: STATE THROUGH C.B.I.
NOVEMBER 7, 1986
[P.N. BHAGWATI, C.J. AND. RANGANATH MISRA, J.] B
Constitution of India, Article 136-Special Leave-Granted-
..,. Charges· quashed-Reasons-Offences committed more than six years
ago by a trader in the lowest rung, of hierarchy-Extremely doubtful
whether trial would end in conviction.
T'· HELD: I. The fact that the offences, if any, are alleged to have C
been committed more than six years ago .and the appellant was merely a
trader at the lowest ning of the hierarchy in the Foreign Exchange
~- Division of· the Bank and not a highly placed officer and the trial is
bound to occupy the time of the court of first instance for not less than
two or three years in view of the complicated nature of the ca8e and even D
then, it is extremely doubtful whether it will at all result in conviction
no useful purpose will be sened by allowing the· proseclitions to
continue. [U-174A]
However, if the Bank has any legitimate claim against the appel- .
lant, it will be open to the Bank to pursue any civil remedies which may E
be available to it. [174B]
CRIMINAL APPELLATE JURISDICTION: Cnininal Appeal
NOS. 563-64 of 1986
From the Judgment and Order dated 30. 9.85 in the High Court F
of Delhi at New Delhi in Crl. M.(M) Nos. ll05 & 1106 of 1985.
M. R. Shanna and Dalveer Bhandari for the Appellant.
The Judgment of the court was delivered by
1
G
MISRA, J. Special leave granted.
We have carefully considered the various aspects of the case and
we are of the view that having regard to the nature of the dispute and
.r- the fact that the offences, if any, are alleged to have been committed
more than six years ago and the appellant was merely a trader at the · H
173
174 SUPREME COURT REPORTS (1987] I S.C.R.
A lowest rung of the hierarchy in the Foreign Exchange Division of the
Bank and not a highly placed officer and the trial is bound to occupy
the time of the court of first instance for not less that two or three years
in view of the complicated nature of the case and even then, it is
extremely doubtful whether it will at all result in conviction, no useful
purpose will be served by allowing the prosecutions to continue.
B Hence, we allow the appeals and quash the charges against the appel-
lant. We may, however, make it clear that if the Bank has any legiti-
mate claim against the appellant, it will be open to the Bank to pursue
any civil remedies which may be available to it.
(
M.L.A. Appeals allowed. A
c
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