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HC quashes FIR against ex-chairman of Citizens Cooperative Bank | | | Early Times Report
Jammu, Jan 5: Jammu and Kashmir High Court has quashed the FIR against the ex-chairman of the Citizens Cooperative Bank. The FIR had been registered in connection with a loan scam. Justice Sanjay Dhar of J&K High Court while deciding two different petitions filed by Dinesh Gupta ex-chairman Citizen Cooperative Bank and Kuldeep Gupta then manger Citizen Coopertaive Bank in loan scam, quashes FIR against Dinesh Gupta chairman Citizen Cooperative Bank. Justice Sanjay Dhar dismissed the petition filed by Kuldeep Gupta seeking quashment of FIR. While disposing of both the petitions, Justice Sanjay Dhar after hearing Advocate Abhinav Sharma for the petitioners whereas AAG Aseem Sawhney appearing of the UT, observed that it is necessary to take note of the fact that the impugned FIR has been registered way back in the year, 2009 and for the last 11 years, the investigation of the case has not been completed. Upon going through the case diary, I got a feeling that the investigation agency has been sleeping over the matter without making any substantial progress with regard to the investigation of the case. For the last so many years, the investigating agency is simply writing letters to revenue authorities for obtaining valuation report of the land that was offered as collateral security for securing the loan. One after the other investigating officer has remained satisfied by simply writing letters to the revenue authorities without making any effort to pursue those communications with the relevant authorities. Justice Sanjay Dhar further said that investigating Agency is vested with sufficient powers under the Criminal Procedure Code to proceed against anybody who does not cooperate or does not furnish the relevant information to the investigating officer. In the instant case, it seems that the agency has not taken trouble to have resort to these measures. It appears that even the supervisory officers have ignored the lackadaisical approach of the investigating officers in this case. One can understand the delay in investigation of a case, which involves unearthing of conspiracies of larger magnitude spread over different parts of the country or globe, which is of course is a time consuming process, but in a case of instant nature, which does not involve any such conspiracy, keeping a case under investigation for eleven long years, is something which is unacceptable, particularly when the investigation of the case has at no stage been stayed by this Court or any other Court. It is high time that supervisory officers of the Police devote some attention towards ensuring expeditious investigation of the cases within their respective jurisdictions by peeping into the state of affairs prevailing in the investigating wing of the police. With these observations, Justice Sanjay Dhar directed Inspector General of Police, Jammu to supervise investigation of the instant case and ensure that the investigation is brought to its logical conclusion within a period of two months from today. He shall also take stock of all delayed investigations within his jurisdiction and thereafter initiate corrective measures. (JNF)
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