|Early Times Report|
JAMMU, Dec 1: Justice Javed Iqbal Wani of High Court quashed FIR registered by Crime Branch against an advocate for alleged misappropriation of property of Rajiv Gandhi Trust. Crime Branch registered a criminal case against Ashok Vijay Gupta, (Executor of Rajiv Gandhi Trust), Prem Parkash Sharma (expired), the then Naib Tehsildar Nayabat, Chak Avtara Bishnah; Shiv Kumar, the then Patwari of Patwar Halqa,Chak Avtara, Tehsil Bishnah (now NaibTehsildar, Majalta), Anwar Sadotra, the then Patwari Chak Avtara (now Girdawar, in the office of Divisional Commissioner, Jammu) and other unknown public servants and private persons under section 120-B r/w 420, 406 RPC, r/w 5(2)P.C. Act Samvat 2006 for their involvement in hatching criminal conspiracy and misappropriating property of Rajiv Gandhi Trust.
Justice Javed observed that the leveling of the allegation of conspiracy against the petitioner without mentioning as to how, where, and which of the conspirators hatched the conspiracy and for what purpose, or circumstances warranting inference of existence of conspiracy, in law is not enough to bring persons to face the trial in a criminal case. A complaint should make out a prima facie case of conspiracy against the accused persons. One cannot have the construction of a fine superstructure without a foundation. Thus, the offence under Section 120(b) RPC as well is not made out against the petitioner in the FIR in question.
As for as commission of offence under Section 5(2) of the PC Act is concerned, Justice Javed observed that same as well is not attracted in the case of the petitioner, in that, same refers and relates to a public servant and that the petitioner is not a public servant, as such, the alleged offences need not to be dealt with or discussed herein while considering the case of the petitioner in the instant petition.
The judge observed that the allegations in the FIR in question otherwise as well do not even if taken at their face value, prima facie, constitute any offence, or make out a case against the petitioner but same manifestly and seemingly is attended with mala fide registered with an ulterior motive for settling personal grudge at the instance of respondent number 4.
With these observations, High Court allowed the petition and ordered that the FIR No. 06/2021 dated 8-2-2021 registered with Police Station Crime Branch, Jammu is quashed insofar as it relates to the petitioner.