Rakesh Saxena v. State through C.B.I.

Case Details & Bench

Court: High Court
Hon'ble Judges: P. N. Bhagwati
Ranganath Misra
Judgment Date: 1986-11-07
Court Decision / Holding: Appeals allowed; charges against the appellant quashed; Bank may pursue civil remedies if any.
Final Disposition: Appeals allowed; charges quashed.

Parties to the Case

Appellants / Petitioners

Rakesh Saxena

Respondents

State through C.B.I.

Legal Representation & Advocates

Counsels for Petitioners

• M. R. Shanna
• Dalveer Bhandari

Case Synopsis & Summary

Rakesh Saxena v. State through CBI concerns a criminal prosecution in which the Supreme Court, while hearing Special Leave petitions, quashed the charges against the appellant. The Court acknowledges that the offences, if any, are alleged to have been committed more than six years ago and that Saxena occupied only the lowest rung of the hierarchy in the Bank’s Foreign Exchange Division, not a senior officer. The judges emphasize the practical burden of prosecuting an old and intricate case: the trial in the court of first instance would require not less than two to three years due to the complexity of the issues and the volume of documentation. In such circumstances, the Court finds it extremely doubtful that there will be a conviction, and holds that continuing the prosecutions would serve no useful purpose. The decision thus allows the appeals and quashes the charges against the appellant, while making clear that the Bank’s legitimate claims, if any, may still be pursued by civil remedies available in law. The judgment thereby respects the principles of judicial economy and fairness, and it clarifies that Special Leave does not foreclose civil actions. The matter is decided in the context of Article 136 of the Constitution.

Provisions of Law Cited

Article 136, Constitution of India

Submissions & Arguments

Contentions of Appellants / Petitioners

The appellant contends that continuing with prosecutions for offences alleged to be more than six years old is unjust; the appellant was a trader at the lowest rung of the Foreign Exchange Division, not a highly placed officer; the case is complex and would occupy two to three years, with no reasonable likelihood of conviction; the charges should be quashed; if any legitimate claim exists, the Bank may pursue civil remedies.

Contentions of Respondents

Not explicitly stated in the provided text.

Extracted Judgment Text

Exact text extracted from official judgment records.

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 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_ MISRA, J. Special leave granted. F G ### _.r-_ 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 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 appellant. We may, however, make it clear that if the Bank has any legitimate 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. ## c ( ### _A_