|Early Times Report |
Jammu, Sept 10: In a petition filed by then Executive Officer Ravi Kumar seeking quashment of FIR No 21/2017 registered by P/S VOJ, State High Court quashed the FIR, Justice MK Hanjura after hearing Adv AP Singh for the petitioner observed that testing the instant case on the standards of the guidelines laid down and evolved above, which are illustrative and not exhaustive, what requires to be looked into is whether the allegations made in the complaint, even if they are taken at their face value and accepted in their entirety, do prima facie constitute any offence or make out a case against the petitioner. This case falls within the purview and the under the category of cases where the FIR does not disclose any offence even as the allegations contained in it are taken to be true at their face value, for the simple reason that the petitioner was not posted at Udhampur when the construction commenced.
With these observations Justice MK Hanjura observed that the FIR bearing no. 21/2017 registered against the petitioner at Police Station Vigilance Organisation, Jammu, for the commission of an offence under section 5(1) (d) read with section 5 (2) J&K Prevention of Corruption Act and section 120-B RPC and all other proceedings therefrom are liable to be quashed and are accordingly quashed.