Punjab and Haryana High Court adjourns plea to quash FIR

Chandigarh, June 7

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The Punjab and Haryana High Court today fixed July 6 for hearing a petition filed by Ravinder Kumar for quashing with regard to him an FIR registered by the Panchkula police on the complaint of Haryana’s senior IAS officer Ashok Khemka. IAS Sanjeev Verma is also an accused in the case.

In his petition placed before Justice Lisa Gill, Kumar, through senior advocate Rajesh Garg with Latika Garg and Neha Matharoo, sought the quashing on the ground that the FIR seeking action against him for the Sections mentioned therein was not legally maintainable.

Going into the background of the matter, the petitioner submitted that he pointed out to the Managing Director of the Haryana State Warehousing Corporation that certain appointments were a result of corrupt practices. Besides the action of termination of services against the ineligible appointees, the corporation management thought it fit to proceed criminally against the officers concerned at the relevant time, including the erstwhile Managing Director Ashok Khemka.

A complaint was made to the police, following which an FIR was registered in Panchkula against Khemka for cheating and another offence under Section 420 of the IPC and Section 13 of the Prevention of Corruption Act.

The petitioner submitted Khemka proceeded to lodge a counter FIR soon after he came to know about criminal proceedings. Among other things, the FIR was registered for the offence of a public servant framing an incorrect document with intent to cause injury.

Referring to Section 195 of the Code of Criminal Procedure, Kumar contended it was only on the complaint of a public servant (the investigating officer of the earlier FIR) that proceedings under Sections 167, 182, 195A, 198, 211 and 218 could be initiated. It could be done only after the completion of investigation and arriving at the conclusion that the complaint (earlier FIR) was false and was made deliberately by the complainant.