Early Times Report
JAMMU, Sept 18: The High Court of Jammu & Kashmir and Ladakh has quashed Anti-Corruption Bureau proceedings against petitioners in a case concerning mutation of 116 kanals and 12 marlas of land, holding that an alleged error in exercise of statutory powers cannot by itself be converted into criminal misconduct or conspiracy.
Justice Sanjay Parihar, while allowing connected petitions, quashed proceedings arising out of FIR No. 05/2021 dated February 3, 2021, registered by ACB Jammu under the J&K Prevention of Corruption Act and Section 120-B RPC, insofar as they related to the petitioners before the Court.
The controversy related to Mutation Nos. 558, 559 and 564. The ACB case alleged that Revenue Officers had abused their official position and violated provisions of the Agrarian Reforms Act and settlement instructions while conferring ownership rights, resulting also in alleged evasion of stamp duty.
The petitioners contended that the mutations had been attested by competent Revenue Officers in exercise of statutory jurisdiction and that the Divisional Commissioner, Jammu, had subsequently declined to disturb them while directing recovery of requisite stamp duty and associated charges.
The High Court said there was no independent material indicating bribery, dishonest abuse of official position or a prior meeting of minds between the petitioners and Revenue Officials. It held that an alleged irregularity in exercise of statutory jurisdiction could not merely by describing the resulting benefit as an "undue advantage" be converted into criminal misconduct.
The Court stressed that criminal process could not be used as a substitute for the statutory mechanism meant to correct an allegedly erroneous revenue adjudication.
Senior Advocate P.N. Raina with J.A. Hamal appeared for one set of petitioners, while Rahul Raina represented petitioner Shakun Singh. P.D. Singh, Deputy Advocate General, appeared for the UT/ACB.
(JNF) |
