HC quashes FIR against Advocate in alleged misappropriation of property of Rajiv Gandhi Trust
JKUT (Jammu), December-01-2021-( JNF):- Justice Javed Iqbal Wani of J&K High Court quashed FIR registered by Crime Branch against Advocate for alleged misappropriation of property of Rajiv Gandhi Trust.
According to Crime Branch A criminal case has been registered against Ashok Vijay Gupta, (Executor of Rajiv Gandhi Trust), Prem Parkash Sharma (expired), the then Naib Tehsildar Nayabat, Chak Avtara Bishnah; Shiv Kumar, the then Patwari of Patwar Halqa,Chak Avtara, Tehsil Bishnah (now NaibTehsildar, Majalta), Anwar Sadotra, the then Patwari Chak Avtara (now Girdawar, in the office of Divisional Commissioner, Jammu) and other unknown public servants and private persons under section 120-B r/w 420, 406 RPC, r/w 5(2)P.C. Act Samvat 2006 for their involvement in hatching criminal conspiracy and misappropriating property of Shri Rajiv Gandhi Trust.
Justice Javed Iqbal wani after hearing Sr. adv Suniil sethi observed that the levelling of the allegation of conspiracy against the petitioner without mentioning as to how, where, and which of the conspirators hatched the conspiracy and for what purpose, or circumstances warranting inference of existence of conspiracy, in law is not enough to bring persons to face the trial in a criminal case. A complaint should make out a prima facie case of conspiracy against the accused persons. One cannot have the construction of a fine superstructure without a foundation. Thus, the offence under Section 120(b) RPC as well is not made out against the petitioner in the FIR in question. Insofar as commission of offence under Section 5(2) of the PC Act is concerned, Justice Javed Iqbal Wani observed that same as well is not attracted in the case of the petitioner, in that, same refers and relates to a public servant and that the petitioner is not a public servant, as such, the alleged
offences need not to be dealt with or discussed herein while considering the case of the petitioner in the instant petition. Risking repetition, it is reiterated that the FIR in question has been registered by the respondents in total disregard to the principles and propositions laid down by the Apex Court in Lalita Kumari case after more than two and a half years against the petitioner ignoring and overlooking the closure report of enquiry initiated in the year 2018 by the official respondents upon the complaint of the respondent No. 4 filed on the same set of facts on which the impugned FIR has been registered. The said inaction on the part of the respondents cannot be countenanced by law and the FIR in question cannot thus said to be legally tenable. Furthermore, the allegations in the FIR in question otherwise as well do not even if taken at their face value, prima facie, constitute any offence, or make out a case against the petitioner but same manifestly and seemingly is attended with mala fide registered with an ulterior motive for settling personal grudge at the instance of the respondent No. 4.
With these observations, High Court allowed the petition and ordered that the FIR No. 06/2021 dated 8th of February, 2021 registered with Police Station Crime Branch, Jammu is quashed insofar as it relates to the petitioner. JNF