High Court puts Haryana on notice in warehousing case

Chandigarh, July 6

Acting on a petition filed by Ravinder Kumar for quashing an FIR with regard to him registered by the Panchkula police on a complaint by senior IAS officer Ashok Khemka, the Punjab and Haryana High Court today issued notice of motion to the State of Haryana.

Justice Sureshwar Thakur also made it clear that the investigation may continue. But the investigating officer may not, except with the leave of the High Court, institute before the Magistrate concerned the final investigation report or challan under Section 173 CrPC. IAS Sanjeev Verma is also an accused in the case.

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

The petitioner submitted that he pointed out to Haryana State Warehousing Corporation (HSWC) Managing Director 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 at Panchkula against Khemka for cheating and other 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 of the 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.

Probe may continue

Justice Sureshwar Thakur made it clear that the investigation may continue. But the investigating officer may not, except with the leave of the High Court, institute before the Magistrate concerned the final investigation report or challan under Section 173 CrPC

Appointment result of corrupt practices

The petitioner submitted that he pointed out to Haryana State Warehousing Corporation (HSWC) Managing Director that certain appointments were a result of corrupt practices