HC quashes FIR against then SHO, ASI in corruption case

GNS ONLINE JAMMU

JAMMU MAY19:-‘ Justice Sanjay Dhar of Jammu & Kashmir and Ladakh High Court Srinagar Wing while quashing FIR registered by Anti-Corruption Bureau (ACB) against Shahnawaz Ahmad Khan, then SHO Police Station Soura, Srinagar and ASI Mohd Ashraf, held that that if allegations made in FIR are not substantiated by the material assembled by the investigating agency during investigation of case, the continuance of investigation/ prosecution in such matters amounts to abuse of process of law.

As per impugned FIR, one Bisma Nawaz lodged a report alleging therein that the then SHO Police Station Soura demanded illegal gratification through ASI Mohammad Ashraf from her and her father, for registering FIR pursuant to order dated 10.11.2018 passed by Chief Judicial Magistrate, Srinagar, whereby SHO was directed to proceed under Section 156(3) of CrPC in the light of the complaint filed by complainant before the Chief Judicial Magistrate.

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, Police Station Soura for registration of FIR, he showed reluctance and demanded illegal gratification. It was further alleged in 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 under Section 156(3) of CrPC. On August 8, 2018, the Chief Judicial Magistrate, Srinagar, directed the SHO to register an FIR on the basis of the allegations made by complainant against one Parvaiz Ahmad Sheikh, but instead of registering FIR, the SHO demanded illegal gratification from the complainant and her father for doing his lawful duty. On the basis of these allegations, the impugned FIR came to be lodged after conducting the preliminary enquiry.

Justice Sanjay Dhar, after hearing both the sides, observed that from the statements of the complainant and her father recorded during the investigation of the case, it is clear 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. “The complainant and her father have stated that because of attitude of the petitioner, they felt that perhaps petitioner is trying to extract illegal gratification from them though they have clearly stated in their statements that neither the petitioner nor any person on his behalf ever demanded any illegal gratification from them.

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. It is a settled law 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. Thus, this is a fit case where this Court should exercise its power under Section 482 of the CrPC to quash the proceedings in the impugned FIR,” the Court observed and while allowing the petition, quashed impugned FIR.