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| HC dismisses petition; refuses to quash FIR | | Disproportionate assets case | | Early Times Reporter
Jammu | Apr 29
Chief Justice Mr. KS Radhakrishnan of J&K High Court in a petition seeking quashment of FIR registered with the VOJ alleging disproportionate assets to the tune of Rs 18, 76, 756 possessed by the petitioner Sham Lal Sharma then Executive Officer NAC Katra in which Special Judge Anticorruption Jammu has framed charges against the petitioner u/s 5(2) of prevention of corruption Act 2006 r/w sections 9/11/12/14 of J&K Public men and Public Servant (declaration of assets and other provisions) Act 1983, held this is not a fit case where this Court should exercise its inherent powers u/s 561_A Cr PC.
Chief Justice, after hearing Adv DS Thakur appearing for the petitioner and Additional Advocate General BS Salathia appearing for the state, in approved for reporting judgment observed that the counsel for the petitioner referred the decision of the Apex Court in a case of state Inspector of Police Vs Surya Sankaram Karri said that decision would not apply to the facts of this case and is clearly distinguishable. Apex Court was hearing a regular criminal appeal and was not dealing with a case falling u/s 561-A Cr PC or section 482 Cr PC. Apex Court on fact found that the investigation conducted was not fair which in view of this Court is not applicable to the facts of this case, rest of the grounds raised by the counsel for the petitioner for quashing the FIR or also unsustainable. Detailed investigation has been conducted by the investigating agency which was time consuming and the delay if any in presenting the FIR has not caused any prejudice to the petitioner and the petitioner has not demonstrated the same on facts. Court also find no infirmity in the orders whereby sanction was accorded by the Govt for prosecuting the public servant and in view of the Court this is not a fit case where this Court should exercise its inherent powers u/s 561-A Cr PC or extra-ordinary jurisdiction under Article 226 of the Constitution of India r/w section 103 of the State Constitution. With these observations, the Court dismissed the petition as it lacks merit. JNF |
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