HC quashes FIR against advocate for alleged misappropriation of property of Rajiv Gandhi Trust


JAMMU: Justice Javed Iqbal Wani of J&K High Court quashed FIR registered by the Crime Branch against an 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 Naib-Tehsildar, Majalta), Anwar Sadotra, the then Patwari Chak Avtara (now Girdawar, in the office of Divisional Commissioner Jammu) and other unknown public servants and some private persons under section 120-B read with 420, 406 of RPC, read with 5(2)of P.C. Act Samvat 2006 for their involvement in hatching a criminal conspiracy and misappropriating property of Rajiv Gandhi Trust.
Justice Javed Iqbal wani after hearing Sr Adv Sunil Sethi observed that the leveling of allegation of conspiracy against petitioner without mentioning as to how, where, and which of the conspirators hatched 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, offence under Section 120(b) RPC as well is not made out against petitioner in 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 is not attracted in case of petitioner, in that, same refers and relates to a public servant and that petitioner is not a public servant, as such, the alleged offences need not to be dealt with or discussed herein while considering case of the petitioner. 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 respondents cannot be countenanced by law and the FIR in question cannot thus said to be legally tenable. With these observations, High Court allowed the petition and ordered that FIR No. 06/2021 dated 8th of February, 2021 registered with Police Station Crime Branch, Jammu is quashed insofar as it relates to petitioner.