HC stays FIR against Ex-PA for former Minister in DA case
24/02/2024
Jammu, Feb 23: Justice Sanjay Dhar of Jammu & Kashmir and Ladakh High Court today stayed the FIR registered by ACB Jammu against Rajinder Sharma who was then PA to Former Minister.
Justice Sanjay Dhar after hearing Sr. Adv Vikram Sharma with Adv Sachin Dev Sharma for the petitioner, observed that Sr. Adv Vikram Sharma appearing for the petitioner has submitted that the allegations made in the impugned FIR have been subject matter of departmental enquiry initiated against the petitioner and he has been exonerated in the said enquiry. It has been further contended that even the respondent-Anti-corruption Bureau had infor-med the Director General of Police, J&K that the allegations against the petitioner regarding accumulation of disappropriate assets have not been substantiated. In order to support these assertions, Senior Counsel has brought to the notice of this Court the relevant docume-nts, which have been made part of the instant petition.
Sr. Adv Vikram sharma has contended that the petitioner cannot be subjected to investigation in respect of same allegations, regarding which he has been exonerated in the departmental enquiry and which have been found un-substantiated in the earlier round of probe conducted by the respondent-Anti-corruption Bureau.
Justice Sanjay Dhar observed that there appears to be prima facie merit in the submissions made by the Senior Counsel and as such, a case for grant of interim indulgence is made out, issue notice to the respondent, subject to petitioner's taking necessary steps within a week's time and ordered that in the meanwhile, investigation in the impugned FIR shall stay.
It is worthwhile to mention here that FIR No.02/ 2024 u/s 13(1)(b) r/w 13(2) of PC Act 1has been registered in PS ACB Jammu against Head Constable Rajinder Kumar Sharma based on the outcome of an Enquiry conducted into the allegations that the official has raised disproportionate assets to the known source of his income.
During the course of Investigation, searches were conducted in the residential houses of both the officials & business establishments of HC Rajinder Kumar Sharma.
During searches some incriminating documents & valuables have been seized and taken for investigation purpose. JNF
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