HC refuses to quash DA case against Forest officer, says delay alone no ground to end proceedings

06/08/2026

JAMMU, Aug 5: The High Court of Jammu & Kashmir and Ladakh has refused to quash a 2017 Anti-Corruption Bureau (ACB) FIR against Forest Department officer Pankaj Khajuria in a disproportionate assets case, holding that neither the absence of a preliminary enquiry nor delay in investigation is by itself sufficient to terminate criminal proceedings.
Justice M.A. Chowdhary dismissed a petition filed by Khajuria under Section 482 of the Code of Criminal Procedure seeking quashing of FIR No. 26/2017, registered by the then Vigilance Organisation Jammu, now Anti-Corruption Bureau, under Sections 5(1)(e) read with 5(2) of the J&K Prevention of Corruption Act.
Khajuria, who was serving as a Forester when the FIR was registered and is presently an In-charge Range Officer, contended that he had been falsely implicated and that the properties standing in his name and in the name of his wife, Varinder Kour, were acquired from legitimate and accounted sources. He submitted that his wife had been running a cricket bat manufacturing unit, M/S Shails Sports, at Govindsar in Kathua even before their marriage in 2011.
The ACB alleged that during the check period from 2008 to 2017, the officer amassed movable and immovable assets worth crores of rupees disproportionate to his known sources of income. According to the agency, the assets included business concerns M/S Shails Sports, M/S Shakti Sports and M/S Satyoti Sports, three trucks, a Toyota Fortuner, a Swift car, a Bullet motorcycle and substantial bank deposits. The agency claimed its investigation revealed a 348 per cent increase in assets over the petitioner's known income and that the final report had been forwarded to the competent authority for prosecution sanction.
Appearing for the petitioner, Advocate Jagpaul Singh argued that the FIR was illegal as it had been registered without a preliminary enquiry and that the investigation, which remained pending for over nine years, violated the petitioner's fundamental right to a speedy investigation and trial.
Opposing the plea, Additional Advocate General Raman Sharma, assisted by Advocate Saliqa Sheikh, submitted that a preliminary enquiry is not mandatory where the available information discloses the commission of a cognisable offence. The delay, the respondents said, was attributable to the extensive scrutiny of financial records, bank accounts, business establishments, vehicles and other assets, as well as changes in investigating officers.
The High Court held that while a preliminary enquiry in corruption cases may be desirable in certain situations, it is not an indispensable legal requirement. Referring to the Constitution Bench judgment of the Supreme Court in Lalita Kumari vs Government of Uttar Pradesh, the court observed that registration of an FIR is mandatory where information discloses the commission of a cognisable offence.
Justice Chowdhary observed that the information received by the ACB through official channels prima facie disclosed allegations of possession of assets disproportionate to known sources of income and, therefore, registration of the FIR could not be termed illegal merely because it was not preceded by a formal preliminary enquiry.
On the issue of delay, the court acknowledged that the right to a speedy investigation and trial forms part of Article 21 of the Constitution but held that the mere passage of time does not automatically entitle an accused to quashing of an FIR. It noted that the petitioner had failed to demonstrate any specific prejudice caused to his defence because of the duration of the investigation.
Holding that the correctness of the ACB's findings and the petitioner's explanation regarding the source of the assets are matters to be examined by the trial court, the High Court dismissed the petition and connected applications, vacated the interim directions, and permitted the ACB to proceed further in accordance with law after obtaining the requisite prosecution sanction.

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