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Sivakumar v. The Inspector of Police

Criminal Appeal · 2025 INSC 558Decided 23 Apr 2025
Crl.A. No.-002140-002141 - 2025 (arising from SLP(Crl.) Nos. 5815-5816 of 2023)
Justice Vikram Nath · Justice Sandeep Mehta

Background

A borrower's mortgaged property was sold in a bank auction under the SARFAESI Act in 2012, and the complainant purchased it and paid the full price, only to later discover the property had already been acquired by the Tamil Nadu Housing Board. She filed an FIR alleging cheating and forgery against the branch manager and the appellant, who was then working at the bank's head office. The appellant argued he was not even the "authorized officer" under the SARFAESI Rules at the relevant time (he was only promoted to Manager in November 2014, two years after the auction and sale certificate were issued) and had no involvement in the transaction at all. The High Court had refused to quash the case against him.

Decision Breakdown

The Supreme Court found that the appellant was not the authorised officer empowered to conduct the auction or issue the sale certificate at the time these events occurred, was not a signatory to any relevant document, and had no demonstrated role in the transaction leading to the FIR. Since the allegations against him were baseless and unsupported by any material connecting him to the concealment of the property's acquisition status, continuing the prosecution against him would amount to an abuse of the legal process and cause him unwarranted harassment. The Court allowed the appeal and quashed the criminal proceedings against him.

Lesson Learnt

Criminal proceedings against an individual employee will be quashed where the record shows the person had no actual role, authority, or involvement in the transaction underlying the alleged offence: official position alone (such as later holding a senior post at the same organisation) is not enough to justify criminal liability.

Official source (sci.gov.in)View Judgment (PDF)

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