Srinagar: The J&K High Court on Friday refused to overturn an FIR (First Information Report) against Commissioner Secretary to Government, ARI &Training department, who is accused of tampering his date of birth in his service record.
The court said that the investigation of the case was at preliminary stage, and hence the case cannot be quashed.
The FIR no. 37/2018 dated 31 August 2018 was registered against the official at Police Station, Crime Branch, Kashmir.
Justice M K Hanjura while dismissing the petition said, the allegations levelled against the petitioner, “as is palpable from the perusal of the FIR, appear to be serious in nature, in as much as, it is stated that he tampered the date of birth in his service record with the aim and object to stay in the Government service for a longer period. The mandate of law justifies that the matter should be investigated into its entirety without aborting it midway.”
Justice Hanjura further said, “It is only after the conclusion of the investigation of the case that a definite opinion can be framed in light of the grounds agitated and urged by the petitioner in this petition. It will be too early in the day to comment as to which offence is, and which is not, made out in the case. Any comment on that count is not warranted to be made at this stage. It can be seen only after a full dressed investigation of the case.”
The court remarked that investigation of the case cannot be scuttled, stalled, desiccated or thwarted at this stage of the initial probe in the matter.
“The FIR in a case like the present one cannot be quashed promptly without allowing the Investigating Agency to investigate the case appropriately. The Supreme Court has in a catena of judicial pronouncements held that the FIR cannot be quashed at the threshold itself without allowing the investigation to proceed,” the court said.