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Court emphasized that the investigation into the offences alleged in the FIR is still ongoing, and it cannot be conclusively determined at this stage that no offence has been committed
The Delhi High Court has rejected the plea to quash the FIR against A. V. Prem Nath, a former Delhi government official accused of orchestrating a cash-for-compassionate jobs scam and filing a fabricated complaint against the government's special secretary (vigilance).
The court dismissed Nath's petition seeking relief from charges of cheating, criminal conspiracy, personation, and forgery.
Nath, a former DANICS officer, faced premature retirement in October 2023 amid allegations of molesting a minor while serving in the Delhi government's Urban Development Department.
The bench of Justice Amit Sharma emphasized that the investigation into the offences alleged in the FIR is still ongoing, and it cannot be conclusively determined at this stage that no offence has been committed.
“Be that as it may, the matter is still under investigation. The exercise of collecting evidence in support of the offences alleged in the present FIR is still underway. The present case is not one where it can be safely concluded at this stage that no offence is made out,” the judge said.
The court observed that Nath's creation of a false email ID met the definition of 'creating a false document,' reinforcing the need for further inquiry.
The FIR was filed by Nakul Kashyap, who alleged that Nath promised him a job on compassionate grounds and manipulated him into lodging a false complaint against YVVJ Rajshekhar, the special secretary in the Delhi government. Kashyap claimed that Nath, purportedly acquainted with Delhi minister Saurabh Bhardwaj, assured him of assistance in securing the compassionate job.
The prosecution contended that Nath, with a personal grudge against Rajshekhar, orchestrated a conspiracy to falsely implicate him. The complainant, Kashyap, unknowingly became a pawn in this scheme as Nath duped him by filing a false and fabricated complaint.
“The complainant never even met Rajshekhar. It further came to the complainant’s knowledge that a fake email ID has been created in his name, using which complaints against Rajshekhar have been sent to various persons,” the FIR said.
While seeking the quashing of the criminal case, Nath argued that the FIR lacked the necessary ingredients for the offenses alleged and suggested a vendetta against him by Rajshekhar.
However, the court ruled that, given the ongoing investigations and the demonstrated creation of a false document, the petition to quash the FIR lacked merit.
“In view of the above discussion and in the facts and circumstances of the case, this court is of the considered opinion that no case for exercise of jurisdiction under Section 482 of the CrPC for quashing of the impugned FIR is made out. The present petition is dismissed and disposed of accordingly,” it said.
Case Title: A. V. Prem Nath v. State
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