HC takes Hemant Nimbalkar off CBI hook

Date:

Justice John Michael Cunha quashes FIR, additional/supplementary chargesheet and govt’s nod for Nimbalkar’s prosecution in IMA scam

BENGALURU:

In a big setback to the Central Bureau of Investigation, a single-judge bench of the Karnataka High Court has given relief to 1998 batch IPS officer Hemant Nimbalkar by quashing the FIR and additional/supplementary chargesheet against him, and even the government’s sanction for his prosecution. The order is in connection with the I-Monetary Advisory (IMA) ponzi scheme in which the CBI had named Nimbalkar as one of the accused.

Justice John Michael Cunha issued the following 5 orders in his 47-page judgement on Friday in connection with writ petition No. 14014/2020.

1) “Quashing Government Order dated 09/09/2020 bearing No. DPAR 89 SPS 2019 according prosecution sanction under Section 197 CrPC and 170 Karnataka Police Act, 1963 issued by the 1st Respondent in FIR RC-14 (A)/2019 for offences under Section 120B r/w Sections 420, 406, 409 of IPC and Section 9 of the KPID Act, 2004 against the Petitioner herein produced at Annexure ‘AY’;

2) “Quashing supplementary chargesheet in SPL CC 1055/2019 naming the Petitioner as an accused, arraying him as accused No. 25 for offences under section 120B r/w 420, 406, 218 and 409 IPC and section 9 of KPID Act produced at Annexure ‘BB’ and consequently;

3) “Quashing order of CBI SPL Court (CCH4) in SPL CC 1055/2016 dt: 06/11/2020 taking cognizance of supplementary chargesheet in SPL CC 1055/2019 naming the Petitioner as an accused, arraying him as accused No. 25 on for offences under section 120B r/w 420, 406, 218 and 409 IPC and section 9 of KPID produced at Annexure ‘BC’;

4) “Quashing Government Order bearing No. DPAR 89 SPS 2019 dt: 07/01/2020 according sanction under section 17 (A) (b) of the Prevention of Corruption Act, 1988 against the Petitioner herein produced at Annexure ‘AU’ and consequently;

5) “Quashing FIR bearing No. RC0372020A0005 dt: 01/02/2020 registered by the 2nd Respondent against the Petitioner herein pending on the file CBI SPL Court (CCH 4) produced at Annexure ‘AV’ for offences u/s 7, 7(A), 8, 10, 11 and 12 of the PC Act, 1988 (as amended in 2018) and for offences u/s 13(2) r/w 13(1)(d) PC Act, 1988 arraying the Petitioner herein in the said FIR as Accused No. 5.”

Senior lawyer Ashok Haranahalli and advocate R Swaroop Anand argued on behalf of Nimbalkar.

WP14014-20-19-03-2021-Hemant-Nimbalkar

Atul Chaturvedi
Atul Chaturvedi
Atul Chaturvedi boasts over 25 years of experience in the media industry, having held positions at esteemed organizations such as Republic TV, Times Network's Mirror Now News Channel, Times of India, Bangalore Mirror, Rajasthan Patrika Hindi newspaper, and Sakal newspaper.

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