Excelsior Correspondent
JAMMU, Aug 21: High Court has quashed FIR No 28/2017 registered by Vigilance Organization Jammu (now Anti-Corruption Bureau) against Tehsil Supply Officer (TSO) Gian Khajuria.
After hearing Senior Advocate Rahul Pant with Advocate Palak Sharma for the petitioner whereas Senior AAG Monika Kohli for the ACB, Justice Mohan Lal observed, “there is no factual supporting material alleged in FIR which could disclose the commission of cognizable offence against petitioner for the period of 11.05.2013 to 12.02.2014 he remained posted as Incharge TSO Hiranagar, whereas, the allegations relate back to the years 2000, 1984 & 2011 when the petitioner was not even posted as Incharge TSO Hiranagar”.
“More so, there are no allegations of corruption/amassing of money by the petitioner from the complainant or any other person. The allegations made in the FIR against the petitioner sans any material, if taken at their face value and accepted in their entirety, do not prima facie constitute any offence or make out a case against the petitioner/accused, as the allegations are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the petitioner/accused”, High Court said.
“Therefore, petitioner /accused in the case in hand cannot be saddled with criminal liability for the periods for which he was not posted as TSO Hiranagar”, High Court said, adding “the impugned FIR No. 28/2017 registered at Police Station Vigilance Organization Jammu for the commission of offences punishable under Sections 5(1)(c)(d) read with Section 5(2) of the Jammu and Kashmir Prevention of Corruption Act read with Sections 420, 120-B RPC qua the petitioner stands quashed”.
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