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news details
HC quashes Vigilance FIR against cop
5/1/2019 10:54:17 PM
Early Times Report
Jammu, May 01: The J&K High Court on Wednesday quashed an FIR registered by the Vigilance Organization (now Anti-corruption Bureau, ACB) against a cop with the observations that for one offence two FIRs cannot be lodged.
According to the ACB, a case against constable Nazir Hussain Shah, then posted at Police Station Mandi in Poonch, was registered vide FIR No. 27/2018 U/S 5 (1) (d), read with section 4-A of P.C. Act Svt. 2006 punishable u/s 5 (2) J&K Prevention of Corruption Act on 13/08/2018.
The instant case was registered on the basis of complaint lodged by one Mohammad Aslam, of Sathra tehsil in Mandi, Poonch, alleging that the constable had demanded and accepted Rs 75,000 from the complainant in lieu of getting his son recruited as a constable in the police.
The enquiry conducted revealed that constable Nazir had taken bribe amount of Rs 75,000 from the complainant.
Justice Sanjay Kumar Gupta, after hearing Advocate Ch. Nayaz Ahmed Naz for the petitioner and Advocate Sanchit Verma and vice Deputy AG Raman Sharma for the State, observed that two FIRs cannot be lodged by different agencies for the same occurrence.
In present case, as the police station Mandi has already lodged an FIR on the same facts and circumstances of the case i.e. FIR No.48/2018 dated 04.06. 2018, so the FIR impugned lodged by the Vigilance Organization, Jammu is not maintainable. It is, therefore, quashed. However, the police station Mandi can add any other offence in FIR No.48/2018.
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