Excelsior Correspondent
SRINAGAR, July 1: High Court has quashed FIR against the owner of food point with the observation that courts have the inherent powers apart from express provisions of law which are necessary for proper discharge of functions and duties imposed upon them by law.
Crime Branch Kashmir had registered a FIR No. 22/2017, for the commission of offences punishable under Sections 120-B and 409 of the RPC read with Section 5(2) of the Prevention of Corruption Act, for running an eatery (Mughal Darbar) on a land which belongs to police department.
According to the Crime Branch they received a communication No.47/ GAZ/ Civ/PHQ/ 2017-6791-93 dated 17.07.2017 from PHQ, J&K Srinagar, pertaining to lending of Government premises to a private person for running eatery (food point) both at Srinagar and Jammu by Armed Police.
It has been stated that the officers/officials of JKAP 9th Bn having domain in the capacity of public servants over the property of Lake View, Golf Course-cum-Police Environment and Training Park, Boulevard, Srinagar, have under a well designed criminal conspiracy under the garb of a joint venture rented out the property to Hotel Mughal Darbar through its Managing Director, Farooq Ahmad Dar of Banderpora Anantnag by illegally and dishonestly and abuse of their official position executed an illegal agreement in respect of the above said property in his favour also.
Court said that since the occurrences are distinct, i.e., one at Jammu and the other at Srinagar as such these avouch the registration of separate cases.
“In view of above, it has been requested in the communication that formal cases into the allegations be registered under relevant provisions of law. It has been further mentioned that accordingly CHQ J&K, Srinagar, vide its above referred letter directed the Crime Branch, Kashmir, to register a formal FIR in respect of the allegations that pertain to the jurisdiction of Crime Branch Kashmir”, reads the order.
Justice M K Hanjura said, courts are invested with all such powers as are necessary to do right and to undo a wrong in the course of administration of justice on the principle of ‘When the law gives the person anything, it gives him that without which it cannot exist’.
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