HC refuse to quash Corruption FIR against Junior Assistant of RDD
JKUT (Jammu), August-21-2021-( JNF):- Justice Ali Mohammad Magrey dismissed the petition filed by Mohabat Ali Khan who is Junior Assistant Rural Development Department seeking quashment of FIR No. 08.2021on 26.07.2021 under Section 5(1)(e) read with 5(2) of J&K Prevention of Corruption Act Svt. 2006 read with Section 168 Ranbir Penal Code and also seeking direction to respondents not to cause any kind of interference into the business activities as well as the properties of the petitioner in any manner.
Justice Ali Mohammad Magrey while dismissing the petition, observed that 9. Court has only to ascertain whether the allegations made in the FIR do disclose or do not disclose the commission of offences, if it does, then it cannot be quashed at its thresh-hold stage. It is not proper to scuttle away the investigation at its thresh-hold stage, if FIR discloses the commission of offences, High Court should not interfere with the investigation which would amount to stalling the investigation and jurisdiction of statutory authorities to exercise powers in accordance with the provisions of criminal Code and Prima facie it appears that the allegations contained in the FIR relate to the offences which are cognizable and non-cognizable, warrant investigation. JNF