|Question And Answer|
|Subject:||Financial recovery from corrupt judge in fraudulent judgment in financial fraud case, criminal proceeding in Prevention of Corruption Act|
|Answered by:||Advocate Aditya Ajgonkar|
|Tags:||criminal proceedings, Financial recovery|
|Date:||June 13, 2023|
Respected Sir, I have filed FIR in financial fraud in Dec 2018. Police arrested the national level fraudster and filed chargesheet under IPC 420,406,419,472. Later during criminal proceeding, trial court added IPC 465, 467, 471. Finally in judgment, judge intentionally maliciously fraudulently removed lifetime imprisonment IPC charges 467 and 472 and convicted that national level fraudster for only 2 years and 9 months for which he was already in jail and let him immediately free and now he is absconded. No recovery has been done from that national level fraudster. The corrupt judge is retiring on 30 Jun 2023, only one month later. I have submitted complaint against corrupt judge consisting of 150 pages along with complete documents and evidences to High Court Vigilance Section on 27 Feb 2023 under various sections of Prevention of Corruption Act along with complete recovery of amount involved from corrupt judge.
My query is that whether complete involved amount can be recovered from corrupt judge along with criminal proceedings under Prevention of Corruption Act against corrupt judge ?
My answer is as follows:
The Application of the Judicial mind cannot be considered as ‘malicious or fraudulent’. Please be advised that accusing a sitting judge of such behaviour can constitute contempt of court. You have stated that you have already made a complaint with regard to the said incident. Please note that the law will take its own course with regard to that complaint.
Shorn from the above facts as brought out by you, the Prevention of Corruption Act in Chapter IVA provides for Attachment and forfeiture of property. The act does not contemplate recovery of an amount involved in the complaint in criminal proceedings as queried by you. Criminal proceeding at any rate, are not for recovery, they are penal in nature. If you wish to recover money, It is suggested that you move the appropriate court in appropriate civil proceedings. As for the conviction of the convicted accused, a revision application can be filed as per law for enhancement of sentence under Section 397(1) of the CRPC.
Please note that this information does not constitute legal advice. Please consult your lawyer for any legal advice based on the facts and records of your case.