HC dismisses petition filed by Com/Secy seeking quashing of FIR

09/09/2018

Jammu, Sept 8: Justice MK Hanjura of J&K High Court Jammu Wing dismissed the plea of Mohammad Mehraj-ud-din Khan, KAS, Commissioner/Secretary to the Government, ARI and Trainings Department challenging quashment of FIR registered by Crime Branch.
While dismissing the petition, Justice MK Hanjura observed that petitioner has assailed the defensibility of the FIR registered against him on various counts which can be decided and determined on the culmination of the investigation of the case also, for, who knows what will be the fate of the investigation of the case and in which direction it will land. The allegations levelled against the petitioner, as is palpable from the perusal of the FIR, appear to be serious in nature, inasmuch as, it is stated that he tampered the date of birth in his service record with the aim and object to stay in the Government service for a longer period. The mandate of law justifies that the matter should be investigated into its entirety without aborting it midway. It is only after the conclusion of the investigation of the case that a definite opinion can be framed in light of the grounds agitated and urged by the petitioner in this petition. It will be too early in the day to comment as to which offence is, and which is not, made out in the case. Any comment on that count is not warranted to be made at this stage. It can be seen only after a full dressed investigation of the case.
Justice MK Hanjura further observed that the investigation of the case cannot be scuttled, stalled, desiccated or thwarted at this stage of the initial probe in the matter. The FIR in a case like the present one cannot be quashed promptly without allowing the Investigating Agency to investigate the case appropriately. The Supreme Court has in a catena of judicial pronouncements held that the FIR cannot be quashed at the threshold itself without allowing the investigation to proceed. With these observations High Court dismissed the petition. JNF

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