Excelsior Correspondent
JAMMU, July 1: High Court today quashed the FIR registered at Police Station Vigilance Organization Jammu against Pawan Kohli, the then Tehsildar Bishnah and Waryam Singh, the then Patwari Bishnah.
The FIR No.7/2016 dated March 8, 2016 was registered against the petitioners for commission of offence punishable under Section 5(1)(d) read with Section 5(2) of the J&K Prevention of Corruption Act and Sections 468, 471 and 120-B RPC.
After hearing Senior Advocate Sunil Sethi with Advocate Summit Nayyar for the petitioners whereas Deputy AG Raman Sharma for the State, Justice Sanjay Kumar Gupta quashed the FIR and observed, “as per High Court order dated 14.05.2009, Custodian was only required to see whether allotment order dated 24.01.2001 made in favour of Sheelawanti was valid or not”.
“Only thereafter Joint Agrarian Reforms Commissioner was to decide the validity of Mutation No.288 dated 20.04.2001; but Custodian instead has set aside the Mutation No.288 dated 20.04.2001 attested under Section 3-A of Agrarian Reforms Act. The order of Custodian would clearly reveal as if Custodian was deciding the correctness of mutation as Joint Agrarian Reforms Commissio-ner. Therefore Custodian exercised the jurisdiction which was not vested to him”, High Court said.
“So allegations against the petitioners that they in conspiracy with Sheelawanti and one property dealer Satish Kumar, got land measuring 16 kanal 15 marala under Kh.no.217 situated at Mehmoodpur entered in the name of Sheelawanti through mutation Sehat Kasht no.284 dated 13.01.2001, cannot sustain at this stage”, High Court further said.
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