Excelsior Correspondent
SRINAGAR, May 18: The High Court today quashed an FIR against police officers registered with the ACB for asking money and gratification from a woman for registration of FIR against a person who had allegedly sexually assaulted her.
Justice Sanjay Dhar while quashing the FIR registered by Anticorruption Bureau against the then SHO Police Station Soura, Srinagar and Assistant Sub Inspector, held that if allegations made in the FIR are not substantiated by the material assembled by the investigating agency during investigation of the case, the continuance of investigation/ prosecution in such matters amounts to abuse of process of law.
The FIR against the SHO and ASI was lodged on a complaint filed by one Bisma Nawaz alleging therein that the then SHO and ASI were asking for illegal gratification from her and her father for registering FIR against a person who as per the complainant had sexually abused her.
The FIR against the said persons was ordered to be registered by Chief Judicial Magistrate, Srinagar, whereby the SHO was directed to proceed in the light of the complaint filed by the complainant against the accused.
The complainant Bisma Nawaz had presented a complaint before the Chief Judicial Magistrate, Srinagar, alleging therein that one Parvaiz Ahmad Sheikh had subjected her to sexual abuse. When the complainant approached the SHO, P/S Soura, for registration of FIR, he showed reluctance and demanded illegal gratification.
It was further alleged in the complaint that when the complainant failed to meet the demand of the SHO, she approached the Chief Judicial Magistrate, Srinagar, with an application for directing the SHO to register a case against the accused-Sheikh.
It is stated that instead of registering the FIR, the SHO demanded illegal gratification from the complainant and her father for doing lawful duty of lodging the FIR against the accused-Sheikh.
Justice Sanjay Dhar observed that the allegation in the impugned FIR to the effect that the petitioner or any other official of the police station on his behalf has demanded illegal gratification from the complainant or her father is not substantiated.
“Thus, ingredients of offence under Section 4-A of the J&K PC Act are not made out from the statements of these two important witnesses recorded during the investigation of the case. If allegations made in the FIR are not substantiated by the material assembled by the investigating agency during investigation of the case, the continuance of investigation/ prosecution in such matters amounts to abuse of process of law”, Justice Dhar said.
Court concluded that it is a fit case where this Court should exercise its power under Section 482 of the Cr. P. C to quash the proceedings in the impugned FIR and quashed the FIR against the police officials.
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