Early Times Report
Jammu, July 1: The Jammu & Kashmir and Ladakh High Court quashed the FIR FIR No. 9/2018 U/Ss 409/420/120-B RPC registered with respondent-Crime Branch.
Justice MA Chowdhary while quashing the FIR, observed that that the Crime Branch of Police is only competent to register and investigate those cases which are either by reference made by the government or Director General of Police or regarding the offences contained in the Annexure to SRO 202 dated 03.06.1999. The contention of the learned Sr. AAG relying upon the Apex Court judgment (supra) that on conclusion of investigation, when offences are proved to have been committed, the matter should be left to be considered by Trial court and the High Court should not quash the proceedings, in the considered opinion of this court is misplaced for the reason that the impugned FIR, entirely on a legal question, without reference to factual issues, is liable to be quashed. For the foregoing reasons and observations made hereinabove, it is, by now, clear that the case on hand arising out of the FIR No.09/2018 for the commission of offences punishable under sections 409/420/120-B RPC for want of jurisdiction, cannot be investigated by the Crime Branch of Police having regard to the fact that the notification SRO No. 202 dated 03.06.1999, issued by Government of J&K clearly envisages the offences where Crime Branch of Police is only authorized to register and investigate in terms of annexure to SRO 202 dated 03.06.1999 and none of the offences are included in the schedule besides the FIR in question was registered on a reference by the Government or Director General of Police as required under the Notification vesting jurisdiction in the respondent Crime Branch of Police.
The petitioner, through the medium of this petition seeks quashment of FIR No.9/2018, registered at Police Station Crime Branch, Jammu on 06.04.2018, for the commission of offences punishable under sections 409/420/120-B RPC allegedly on false/flimsy grounds, being an abuse of process of law.
It has been pleaded that the petitioner was member of the Hindu Education Society, Kashmir (HESK), a registered society which is social and non political body of minority Kashmiri community in the State of Jammu & Kashmir, established to promote and propagate the cause of education, learning, research and training and also for propagating/promoting social and cultural activities in the State of J&K and outside in consonance with the ideas of the Hindu Religion and Culture, so that the minority community enjoys the benefits and privileges as enshrined in the Constitution of India; that in December 2005, a proposal was mooted by the then president of HESK to purchase around 200 kanals of land in and around Jammu city which was supported by Sh. U. K. Handoo, member finance and both of them got in touch with Jagdish Singh, Patwari, who promised to them to facilitate the proposed land purchase and in the month of January 2006, a proposal was circulated amongst members of the Executive Body, however, that at the relevant time, petitioner was not holding any office of HESK and it was only in the month of December 2010, that he was elected as member of the executive body. It was further claimed that a purchase committee was constituted consisting of President, Member Finance and Dr. C N Tickoo as members of the Committee and the process of purchase of land was commenced; that the land was purchased with the help of one Dalip Singh S/O Ram Singh, who acted as a facilitator and a total land of 191 kanals was purchased by HESK from time to time; that realizing that the whole process of purchase of land was being delayed, various meetings were convened for speeding up of the purchase of land and in a meeting of Land Purchase Committee on 11.01.2007, under the chairmanship of Sh. Avtar Krishan Diwani with many members of executive body participating, authorized Sh. U. K. Handoo and Dr. C N Tickoo to expedite the purchase of land and report to the executive body. The land continued to be purchased through registration made by Sh. U. K. Handoo, however, neither physical possession of the land purchased was handed over to HESK, nor any mutation was recorded in the name of this society; that in the month of September 2009, the said Sh. U.K. Handoo resigned from the executive body of HESK from the post of Member Finance and Sh. Avtar Krishan Diwani was authorized to take over the charge of Member Finance.
It is further pleaded in the petition that in the month of December 2010, the elections to the executive body of HESK were held and the new team was constituted having Sh. Anil Dhar as president, Sh. A.K. Raina as General Secretary and a team of 7 more members including the petitioner herein. The new executive body, after some investigations, came to know about the hide and seek policy regarding the purchase of land. In an Annual General Meeting (AGM), the executive body was authorized to take any reasonable expenditure to get the process completed with regard to demarcation, mutation and possession of the property/land. It is further pleaded that the term of the petitioner along with other elected members, expired in the year 2014 and, eventually, the petitioner was no more the office bearer of HESK.
It was alleged further that to the utter shock and surprise of the petitioner, an FIR was registered against the petitioner and few others at Police Station Crime Branch, Jammu. The petitioner has moved this petition seeking quashment of the FIR, on various grounds, including that no offence is made out on the basis of the evidence, as such, it is an abuse of process of law and prayed that the petition be allowed and prayed that the impugned FIR be quashed qua the petitioner. (JNF) |
