No criminal liability without role in the transaction: proceedings quashed where the officer was not in charge at the relevant time.

Criminal proceedings were found unsustainable where the accused had assumed charge as Manager only after the auction process and sale certificate issuance had already occurred, and no direct involvement in the transaction was shown. The record indicated that the sale certificate was issued by his predecessor, and he was neither the authorized officer at the relevant time nor responsible for the complained-of acts. On those facts, the allegations did not disclose criminal liability against him, and continuation of the prosecution was treated as an abuse of process, warranting quashing under Section 482 CrPC.

---

---

Issues: Whether the criminal proceedings against the appellant were liable to be quashed under Section 482 of the Code of Criminal Procedure, 1973 on the ground that he was not the authorized officer at the relevant time and had no role in the auction or issuance of the sale certificate, making the prosecution an abuse of process of law.

Analysis: The appellant had assumed charge as Manager only in November 2014, whereas the auction process and issuance of the sale certificate took place in 2012. The sale certificate was issued by his predecessor, and no direct involvement of the appellant was shown in the transaction that led to the complaint. In these circumstances, the appellant was neither the authorized officer at the relevant time nor responsible for the auction process or the issuance of the certificate. The allegations therefore did not disclose a basis for criminal liability against him, and the continuation of proceedings would amount to misuse of the criminal process.

Conclusion: The proceedings against the appellant were liable to be quashed and the challenge succeeded.

Ratio Decidendi: Where the record shows that the accused had no role in the transaction complained of and was not the officer competent to act at the relevant time, criminal proceedings founded on such allegations are liable to be quashed as an abuse of process of law.

---