Quick Summary: The Bombay High Court, Nagpur Branch, dropped the FIR against Nandkishor Gawarkar. He was accused under the Prevention of Corruption Act for allegedly taking a bribe. The court found he wasn't a "public servant" under the Act.
Nandkishor Gawarkar, a 61-year-old owner of a security company in Nagpur, was accused of asking for a bribe. The complaint was made by Pradip Meshram, who claimed Gawarkar asked for ₹25,000 to hire him as a "Sweeper."
On January 8, 2025, Meshram told the Anti-Corruption Bureau (ACB) in Nagpur that Gawarkar wanted money for job appointments. A raid caught Gawarkar taking ₹35,000. He was arrested and charged under Section 7 of the Prevention of Corruption Act, 1988.
"The applicant was found accepting the amount when the raid was conducted." - Court Document
Gawarkar's lawyer, Shri J.M. Gandhi, argued that Gawarkar was not a "public servant" as defined by the Act. The defense used previous cases to show that people who provide services on a contract basis are not included in this category.
Judge Urmila Joshi-Phalke was in charge of the case. The court decided that Gawarkar was not a "public servant" because he worked on a contract and was not directly hired by the government.
"By no stretch of imagination, it can be said that the applicant is a 'public servant'." - Judge Urmila Joshi-Phalke
The court dropped the FIR against Gawarkar, saying that using Section 7 of the Prevention of Corruption Act was wrong in this case.
"The FIR... is hereby quashed and set aside to the extent of the applicant." - Court Order
This judgment shows how important it is to correctly identify roles under the Prevention of Corruption Act and makes sure people are not wrongly accused.
