Home CITY UPDATES HC takes Hemant Nimbalkar off CBI hook

HC takes Hemant Nimbalkar off CBI hook

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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

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