Excelsior Correspondent
Srinagar, Nov 12: High Court today quashed the FIR lodged against Principal Dental College Srinagar for procurement of Dental Machinery on exorbitant rates.
The FIR was lodged by Vigilance Organization Kashmir with regard to procurement of dental machinery on exorbitant rates by the authorities of Government Dental College Srinagar in the year 2012.
The Principal Dental College Srinagar Dr. Reyaz Farooq challenged FIR No. 33/2012 and the court of Justice Ali Mohammad Magrey in a 65 page judgment quashed the FIR as also the investigation carried by the VOK with the observation the same are illegal.
It is in terms of Government order No. 61-HME of 2008 dated 16.09.2008, Purchase Committee No. 3 came to be constituted including other Members with Dr Reyaz Farooq as its Chairman for finalizing the rate contracts of items to be purchased by the Health and Medical Education Department.
It is in terms of Government Order No. 518-HME of 2012 dated 22.08.2012, the nomenclature of the Purchase Committee came to be changed to Rate Contract Committee on the premise that the said Committee, will fix the rate contract for procuring machinery items.
It is stated by counsel for the petitioner that the Government orders specifically provided that the Chairman of the Committee is at liberty to co-opt any other Member technical / non technical / expert in the interests of administration and patient care.
Court on the basis of facts of the case and the position of law held that a Magistrate is precluded from exercising his jurisdiction in any manner against a public servant in any criminal proceeding not just under Criminal Procedure Code as in absence of a valid sanction for prosecution and it attracts within its fold the proceedings under Section 156 (3) of the Criminal Procedure Code.
Court while quashing the FIR and its investigation held that the investigation for offence under Section 120-B (2), without a sanction of Magistrate under Section 155 Cr.P.C. is illegal.
“The Preliminary Verification must be carried out in the light of the direction of the Constitution Bench of the Supreme Court in and investigation under the Prevention of Corruption Act, is not laissez-aller but controlled by the mandatory provisions of Section 3 of the Act and there must be permission granted by the Magistrate to a designated police officer under Section 3 of the Jammu & Kashmir Prevention of Corruption Act, 2006 for commencement of investigation”, reads the judgment.
“Therefore in exercise of the inherent powers under Section 561-A Cr.P.C. to secure the ends of justice, quash the order passed by the Special Judge Anti-Corruption, Srinagar, under Section 156(3) Criminal Procedure Code dated 13.08.2012, in FIR no. 33/2012 Police Station, Vigilance Organization Kashmir, as being without application of mind”, court concluded.
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