E-Paper
HC restrains Panchkula police from filing challan against IAS officer Verma, complainant
The high court bench of justice Sureshwar Thakur acted on the plea of one Ravinder Kumar, who had sought quashing of the FIR filed against him and IAS officer Verma on April 26.
: The Punjab and Haryana high court on Wednesday restrained Panchkula police from filing challan without court’s permission in an FIR involving IAS officer, Sanjeev Verma, managing director, Haryana State Warehousing Corporation (HSWC).
The high court bench of justice Sureshwar Thakur acted on the plea of one Ravinder Kumar, who had sought quashing of the FIR filed against him and Verma on April 26.
The FIR was registered on the complaint of another IAS officer, Ashok Khemka under the sections pertaining to a public servant framing an incorrect document with intent to cause injury, threatening any person to give false evidence, using as true a certificate known to be false, and criminal conspiracy.
The controversy was about some appointments done at HSWC in an “illegal and arbitrary manner” when Khemka served as its MD in 2009-2010. On the same day on April 26, an FIR was also registered against Khemka and others on the complaint of Sanjeev Verma under the Prevention of Corruption Act in connection with these appointments.
Ravinder Kumar was a complainant in the case before HSWC in which Verma had ordered registration of FIR. However, the FIR was registered on the complaint of Verma.
The plea says the FIR was registered out of “malicious intent”. The FIR was a result of immediate outburst of counterblast to FIR registered against Khemka, it claims, adding that even if the FIR was to be registered for a false complaint, it ought to be against the department not against the petitioner as he was not the complainant before the police, it adds.
“The investigations to the petition FIR may continue, but the investigating officer concerned, may not, except with the leave of this court, institute a report under Section 173 Cr.P.C. (challan), before the learned Magistrate concerned,” the order reads. The matter has been posted for hearing for August 23.
The high court on May 17 had stayed the arrest of Khemka, acting on his plea seeking quashing of FIR registered against him.
