Criminal process cannot rest on a later facilitative role where no material shows conspiracy, false documents, or diversion.

Process for offences under the Prevention of Corruption Act and IPC was held unsustainable where the petitioner's role was confined to facilitating coal delivery as a marketing agent on the basis of lists and recommendations supplied by the DIC and nodal agency. The court found no material showing that he identified MSMEs, prepared or manipulated the list, inserted any bogus unit, created false documents, altered quantities, or personally diverted coal. As the alleged conspiracy rested on the foundational bogus-list exercise and the officials connected with that stage were no longer in the case, the petitioner could not be proceeded against merely for his later facilitative role. The process was quashed.

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Issues: Whether the order issuing process against the petitioner for offences under the Prevention of Corruption Act and the Indian Penal Code was sustainable when his role was confined to acting as marketing agent under the coal distribution arrangement and the officials who prepared the alleged bogus list of MSMEs were no longer in the case.

Analysis: The petitioner's function under the agreement was limited to facilitating delivery of coal at the ex-colliery point on the basis of the list and recommendation supplied by the DIC and the nodal agency. The materials did not show that he had any role in identifying the MSMEs, preparing the list, inserting any bogus unit, manipulating quantities, creating false documents, or personally diverting coal. The allegation of conspiracy was built around the alleged bogus list prepared at the source level, but the officials who were said to have taken part in that foundational exercise were outside the trial arena after the earlier quashment of process against them. In these circumstances, the petitioner could not be fastened with conspiracy or other offences merely because he acted in the later facilitative stage of distribution.

Conclusion: The issuance of process against the petitioner was unsustainable and was quashed.

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