https://indianmasterminds.com

ADVERTISEMENT
ADVERTISEMENT

SC Refuses to Quash FIR in Land Dispute Case, Grants Anticipatory Bail to Former IAS Officer Pradip N Sharma

A bench of Justices Vikram Nath and Sandeep Mehta emphasized that the scope for quashing an FIR is limited and should be exercised only in exceptional cases.
Indian Masterminds Stories

New Delhi: The Supreme Court of India on Friday refused to quash an FIR against former IAS officer Pradip N Sharma, an IAS officer of 1984 batch from Gujarat cadre, in connection with a land-allotment dispute dating back to 2011. However, the top court granted anticipatory bail to Sharma, noting that the case will primarily be investigated based on documentary evidence.

A bench of Justices Vikram Nath and Sandeep Mehta emphasized that the scope for quashing an FIR is limited and should be exercised only in exceptional cases. The court observed that the allegations against Sharma involve serious charges, including misuse of official position, criminal breach of trust, and alleged corrupt practices in the discharge of public duties. Therefore, it decided to allow the case to proceed.

In its judgment, the bench noted, “The prayer seeking quashing of the FIR and the criminal proceedings is refused, as the allegations against the applicant involve serious allegations of misuse of official position, criminal breach of trust and alleged corrupt practices in the discharge of public duties.”

The Case Details: The case stems from a complaint filed by the mamlatdar (revenue officer) of Tankara village in Rajkot, Gujarat, against Sharma, who was the district collector at the time. The FIR accuses Sharma of criminal breach of trust and dishonestly making false claims in a court regarding the allotment of land.

The dispute revolves around a parcel of land that had been allotted to D J Mehta and others in Anandpara. The land was confiscated by the state government because the allottees were not residing in the village or cultivating the land. In 2006-07, the landowners appealed before Sharma, who subsequently allotted the land back to Mehta via an ex-parte order. This order was later challenged, and the Principal Secretary of Revenue (Appeals) in Ahmedabad ruled in favor of the government.

Despite this, Mehta challenged the decision before the Gujarat High Court, which upheld Sharma’s order. The complainant in the case alleges that Sharma, knowing that the landowners were living abroad, passed the order to favor them without verifying the authenticity of the power-of-attorney holders.

Court’s Observations: The Supreme Court stated that the allegations against Sharma involve his decision to favor private land allottees, despite their prolonged absence from the country, and his transfer out of the jurisdiction. The bench further pointed out that the case required a thorough investigation, particularly with respect to the jurisdiction of Sharma at the time of passing the impugned order, the potential collusion, and the legal status of the land.

The court highlighted that the FIR and evidence presented at this stage suggest the commission of cognizable offences, which warrant a full investigation. It emphasized that allegations such as these cannot be settled based solely on the pleadings and require scrutiny of official records and procedural compliance.

Anticipatory Bail: Given the nature of the allegations and the fact that the investigation will primarily rely on documentary evidence, the bench granted anticipatory bail to Sharma. The court directed that Sharma may be released on furnishing a personal bond of Rs 1 lakh to the satisfaction of the investigating officer.

The bench also noted that Sharma should cooperate fully during the investigation. If custodial investigation is deemed necessary, the investigating agency can apply to the magistrate for the appropriate orders.

This ruling sets the stage for a detailed investigation into the allegations against the former IAS officer, while ensuring that Sharma’s legal rights are protected during the process.


Indian Masterminds Stories
ADVERTISEMENT
ADVERTISEMENT
Related Stories
ADVERTISEMENT
ADVERTISEMENT
NEWS
cochin shipyard1
Cochin Shipyard to Build ₹15,000 Cr Shipyard in Tamil Nadu, Signs MoU to Develop Shipbuilding Cluster
images - 2021-07-23T090739
IFS Officer’s Complaint on ‘Fake Appearance’ Triggers Law Ministry Action, Central Vigilance Alert Cited
Rajasthan Public Service Commission RPSC
Who Are the 3 Newly Appointed RPSC Members? Meet Ex-IPS Hemant Priyadarshi, Dr Sushil Bissu & Dr Ashok Kalwar
HUDCO's HSMI with Global Participation
Building Future-Ready Cities: 58th ITEC Training Program Wraps Up at HUDCO’s HSMI
IAS Munish Moudgil aWARDS
IAS Munish Moudgil and Team Win National E-Governance Award for ‘Ekhata’ Digital Property Reform in Bengaluru - Know Their Journey
Rajasthan-Police
Rajasthan IPS Transfers: 5 Officers Promoted and Posted to Key Positions; Vishnaram Bishnoi Appointed SP, CID Crime Branch Jaipur
Amit Shah at Gujarat
Elevate, Innovate, & Accelerate: Home Minister Amit Shah Inaugurates Startup Conclave 2025 in Gujarat to Boost India's Global Startup Footprint
Vishnu Deo Sai CM
Chhattisgarh: CM Vishnu Deo Sai Flags Off Free Bus Service for Maa Bamleshwari Devotees, Reaffirms Commitment to Tribal Culture
ADVERTISEMENT
ADVERTISEMENT
Videos
Siddhartha Saxena UPSC CAPF
How Siddhartha Saxena Cracked UPSC CAPF AIR 326 Against All Odds
Dr. S.K
Technology Meets Ecology: IFS Dr S K Srivastava’s Game-Changing Innovations in Forest Management | Eco Warrior Awards 2025 Interview
IFS Uttam Kumar Sharma Interview
From Extinction to Exhilaration: The Untold Story and Future Vision of Project Cheetah | Led by IFS Uttam Kumar Sharma | Eco Warrior Awards 2025
ADVERTISEMENT
UPSC Stories
Harshita Dave MPPSC 2024
The Girl Who Turned Dreams Into a Deputy Collector Post at 22: Meet MPPSC 2024 Women Topper Harshita Dave
At just 22, Harshita Dave topped MPPSC 2024, becoming the women topper and securing Rank 5. Her journey...
Devanshu Shivhare MPPSC
How This Commercial Tax Inspector Topped MPPSC 2024: Devanshu Shivhare’s 5-Year Journey to Rank 1 | Exclusive Interview
Devanshu Shivhare secured AIR 1 in MPPSC 2024 in his fourth attempt while working full-time. His disciplined,...
Ishwarlal Gurjar UPSC
10th Grade Failure to Indian Police Service: Ishwarlal Gurjar’s UPSC Success Path
Read the inspiring journey of Ishwarlal Gurjar from a small village in Rajasthan to becoming an IPS officer....
Social Media
World Rhino Day India
On World Rhino Day, IFS Officer Parveen Kaswan Shares Rare Insights - India Now Hosts 80% of the World’s One-Horned Rhinos
September 22 Marks Global Call for Rhino Conservation; India Holds 80% of World’s Greater One-Horned...
Parag Madhukar Dhakate
Relentless Rains Wreak Havoc in Dehradun: IFS officer PM Dhakate Warns Citizens Amid Flash Floods
Cloudbursts in Dehradun triggered flash floods. IFS officer Dr. PM Dhakate warned citizens to stay indoors...
Forest Guard Tiger Encounter
Tigers Clash in the Wild as Forest Guards Capture Rare Footage , Retired IFS Mohan Pargaien Posts Viral Video
Retired IFS officer Mohan Pargaien shares viral video of three tigers brawling in Ramnagar, as forest...
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
Latest
cochin shipyard1
Cochin Shipyard to Build ₹15,000 Cr Shipyard in Tamil Nadu, Signs MoU to Develop Shipbuilding Cluster
images - 2021-07-23T090739
IFS Officer’s Complaint on ‘Fake Appearance’ Triggers Law Ministry Action, Central Vigilance Alert Cited
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
Videos
Siddhartha Saxena UPSC CAPF
Dr. S.K
IFS Uttam Kumar Sharma Interview
ADVERTISEMENT
ADVERTISEMENT