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| HC quashes FIR against TSO in corruption case | | | Early Times Report
Jammu, Aug 21: Justice Mohan Lal of Jammu & Kashmir High Court quashed the FIR NO 28/2017 registered by VOJ (now ACB) against Gain Khajuria.
Justice Mohan Lal after Sr. Adv Rahul Pant with Advocate Palak Sharma for the petitioner whereas Sr. AAG Monika Kohli for the ACB, observed that there is no factual supporting material alleged in FIR which could disclose the commission of cognizable offence against petitioner for the period of 11.05.2013 to 12.02.2014 he remained posted as Incharge TSO Hiranagar, whereas, the allegations relate back to the years 2000,1984 & 2011when the petitioner was not even posted as Incharge TSO Hiranagar. Moreso, there are no allegations of corruption/amassing of money by the petitioner from the complainant or any other person.
The allegations made in the FIR against the petitioner sans any material, if taken at their face value and accepted in their entirety, do not prima facie constitute any offence or make out a case against the petitioner/accused, as the allegations are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the petitioner/accused.
Therefore, petitioner/accused in the case in hand cannot be saddled with criminal liability for the periods for which he was not posted as TSO Hiranagar.
For the foregoing reasons and discussion, I feel myself persuaded to allow the petition. Resultantly, impugned FIR No. 28/2017 registered at Police Station Vigilance Organization Jammu for the commission of offences punishable under Sections 5(1)(c)(d) r/w Section 5(2) of the Jammu and Kashmir Prevention of Corruption Act Svt 2006 r/w Sections 420, 120-B RPC qua the petitioner stands quashed. |
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