Early Times Report
JAMMU, Sept 3: Justice Vinod Chatterji Koul quashed FIR No 23/2020 registered by Anti-Corruption Bureau Bashir Ahmad, the then Executive Engineer, Nisar Ahmad, the then Asstt Executive Engineer, and Abdul Rehman Gojri, the then JE for misappropriation of funds.
While quashing the FIR, Justice Vinod Chatterji Koul observed that in the instant case, it is reiterated that the Vigilance Organization had not registered the FIR, obviously, because the information received had not disclosed a cognizable offence. However, the information had indicated the necessity for a preliminary inquiry, obviously, for the limited purpose of ascertaining as to whether a cognizable offence has been committed. Such preliminary enquiry was, admittedly, conducted which had ended in closing the source information / complaint on the basis of which the preliminary enquiry had been initiated. The legal inference, therefore, is that the Vigilance Organization came to the conclusion that no offence was made out. In fact, that was the report made by Senior Superintendent of Police, which was accepted by the Commissioner, Vigilance. In the backdrop of above facts and circumstances of the case, it cannot lie in the mouth of learned Sr. AAG that the case of petitioner does not fall in any of the circumstances in which this petition under Section 482 Cr. P. C. could be pressed into service to quash impugned FIR. Certainly, it is self-evident that the instant case falls under the first three categories identified by the Supreme Court. Therefore, on those counts as well, impugned FIR deserves to be quashed.
Justice Koul observed that it is seen that the offences are alleged to have been committed 22 years back, i.e., in the year 1998-99, while petitioner was posted as an Assistant Executive Engineer in R&B Division, Budgam. It is mentioned in FIR that a preliminary enquiry was conducted by ACB J&K on a source report that large scale bungling was committed by the officers/officials of R&B Division, Budgam, in connection with execution of some works. It is alleged in impugned FIR that the officers, named therein, including petitioner, drew lakhs of rupees during the year 1998-99 in connivance with concerned contractors and embezzled the same against unexecuted works or the works that had been already executed by Telecom Department.
Justice Koul further observed that impugned FIR, on its glimpse, unequivocally unveils that the case has been decided and ordered to be reopened for reinvestigation and for filing of the challan for criminal offences against petitioner and others. Such a course is not permitted in law rather is barred by law.
Justice Koul further observed that in the instant case, having regard to the fact that impugned FIR has been lodged after 18 years of preliminary enquiry, the rights of petitioner have been sought to be violated to the hilt. With these observations, High Court quashed the FIR No.23/2020 dated 17th November 2020, registered at Anti-Corruption Bureau, Kashmir, Srinagar. —JNF |
