HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT JAMMU

Reserved on: 24.02.2022

Pronounced on: 09.03.2022

CRM(M) No.212/2021

RAMESH KUMAR BHAT

…PETITIONER(S)

Through: Mr. Sunil Sethi, Sr. Advocate

with Mr. Vaibhav Gupta, Advocate.

Vs.

UT OF J&K & ANR.

….RESPONDENT(S)

Through: Mr. Ami Gpta, AAG-for R1.

None for R-2.

CORAM:

HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE

JUDGMENT

1.

Petitioner has challenged FIR No.269/2020 for

offences under Section 419, 342, 506 and 170 IPC

registered with Police Station, Bahu Fort, Jammu.

2.

The facts emerging from the record are that on

12.10.2020, Police Station, Bahu Forte, Jammu, received

a representation addressed to Lieutenant Governor from

complainant

(respondent

No.2).

In

the

said

representation the complainant, who happens to be a

Junior Scale KAS Officer, submitted that on 18^th

September, 2020, she got a phone call from Cell Phone

Page 2 of 9 CRM(M) No.212/2021

No.7006085519 at around 11.45 AM and the caller

claimed that he is from Anti-corruption Bureau and that

he has been assigned the task of enquiring into various

charges of corruption against the complainant. It was

further submitted in the representation that the caller

asked the complainant to meet him outside the office of

Anti-corruption Bureau behind Civil Secretariat, Jammu.

The complainant narrated this story to two of her

colleagues and one of them accompanied her. When she

reached the designated place, the caller asked the

complainant to meet him in the office of Election

Commission at Bahu Plaza, Jammu. Finally, the

complainant met the caller in an office room at Nirvachan

Bawan, Jammu. The person, who had called the

complainant, offered her tea but she refused and

thereafter the person started making enquiries from her

for about one hour. The enquiries, according to the

complainant, related to allotment of flats to migrants,

distribution of ration coupons, distribution of monthly

cash assistance as also regarding her personal details.

She was also warned that the charges against her are

serious enough to ruin her career. The person told her

that Mr. T. K. Bhat, Relief Commissioner, is his batch

mate. The complainant came out of the office after one

hour and the person concerned told her that he would be

Page 3 of 9 CRM(M) No.212/2021

calling her again. The complainant goes on to allege that

on the same day, the aforesaid person again called her on

her telephone at about 3. 30 PM to ask about her welfare.

After the enquiry, the identity of the caller was revealed

as Mr. Ramesh Kumar Bhat (the petitioner herein), who

is working as Technical Member of Road Transport

Council in the office of the Transport Commissioner and

not an officer of the Anti-corruption Bureau. The

complainant submits that she narrated the incident to

her superior officer, Mr. T. K. Bhat. The complainant goes

on to submit that she also narrated the incident to the

Secretary, Mr. Simrandeep Singh, who assured redressal

of her grievance. The complainant has also expressed her

dismay about her frequent transfers and sought

thorough investigation into the matter so as to prevent

harassment to her.

3.

Upon receipt of the aforesaid complaint from the

office of the Lieutenant Governor, the police registered

the impugned FIR and started investigation of the case.

4.

Petitioner has challenged the impugned FIR on the

grounds that before lodging the FIR, no preliminary

enquiry was conducted in the matter; that the allegations

made in the complaint do not disclose commission of any

offence, much less the offences punishable under Section

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419, 342, 506 and 170 IPC; that the impugned FIR is a

result of mala fides and pure non-application of mind

because respondent No.2, according to the petitioner, is

trying to divert attention from her alleged illegal and

corrupt practices and that impugned FIR is an abuse of

process of law.

5.