BENGALURU: The Karnataka High Court quashed criminal proceedings initiated against IPS officer Ajay Hilori by the Central Bureau of Investigation (CBI) in relation to the IMA ponzi scam, as he was exonerated in the departmental inquiry. Justice M Nagaprasanna passed the order after allowing the petition filed by Ajay Hilori. He challenged the sanction accorded by the state government to prosecute him for offences under provisions of the IPC, and Karnataka Protection of Interest of Depositors in Financial Establishments Act.
He further sought quashing of the supplementary chargesheet naming him as accused No. 26, and the order passed by the special court on November 5, 2020, taking cognisance of the charges. The court said the witnesses who were examined in the departmental inquiry are the same who are sought to be examined as witnesses in the criminal trial, including the Investigating Officer (IO).
The role of the petitioner was thoroughly scrutinised on the basis of evidence by the Inquiry Officer in his report, which holds that the petitioner was only negligent, and forwarded the report without looking into it. All other allegations, including demand and acceptance of bribes, are in favour of the petitioner as the IO himself refused to support the allegations against the petitioner, the court noted.
The court said the petitioner was issued a warning, which was not even a penalty while exonerating him in the departmental inquiry.
Therefore, it borders on exoneration, as proceedings against him are closed. If there are no offences under the Prevention of Corruption Act or under Sections 406 and 420 IPC as is alleged, the conviction of the petitioner is absolutely bleak... he cannot be made to undergo the rigmarole of trial and the sword of pendency of a criminal case hanging on his head, the High Court further observed.