HITESH KUMAR SARMA -
(1.) This is an application, under Section 482 of the Cr.PC, seeking quashment of the FIR, dated 13.06.2017, on the basis of which the ACB Police Station Case No. 4/2016 has been registered in respect of the petitioner.
(2.) The fact, leading to the aforesaid FIR, is that the Government constituted a District Level Selection Committee (DLSC) for different districts including the districts of Nagaon, Dhubri and Barpeta for selection of UB Constables. The present petitioner was one of the members of the DLSC for the district of Nagaon. At that relevant point of time, the present petitioner was the Commandant of 9th AP Battalion, Barhampur in Nagaon district. There were news paper reports that in the selection process of the UB Constables, there were anomalies and some touts were demanding money from various candidates amounting to Rs. 3 to 4 lakhs each for their recruitment.
(3.) On the basis of such news paper reports, the Government formed an SIT for a regular enquiry of the issues of anomalies, etc. On the basis of the report of the SIT; the FIR involved in this case was lodged, amongst others against the present petitioner. According to the petitioner, materials collected by the SIT in its enquiry did not reveal any allegation against him, and therefore, the FIR could not have been registered against him. He has also raised some other deficiencies in the procedures adopted by the Government in the process of the enquiry. He has sought for quashment of the FIR specifically on the following grounds:-
A. That, for every district separate District Level Selection Committees were constituted. DLCSs, under the supervision of the Chairman of the respective DLSC, were the overall in-charge for conducting the recruitment process. Tests were taken of different dates, at different places, accordingly if any corruption had taken place in Dhubri. Barpeta and Nagaon districts, as mentioned in the FIR dated 13.6.2016, these constitutes different Cause of Actions. All these Cause of Actions arose on different dates and at different places cannot be combined together by filling one single FIR, as was done by the Vigilance and Anti Corruption, Assam, and on this technical discrepancy alone the said FIR dated 13.06.2016 is liable to be set aside and quashed.
B. That, Vigilance and Anti Corruption, Assam failed to appreciate the fact that recruitment is a collective exercise, for which all Members, including the Chairman, were equally responsible. Accordingly, alleging criminal conspiracy against the petitioner alone, without naming anybody from the DLSC, of which the petitioner was a Member is, prima-facie, beyond any comprehension. Infact, there is no discernible facts and ingredients in the FIR to make out a case under the penal provision against the petitioner herein. To prevent such malicious prosecution by abusing the process of law, the FIR dated 13.06.2016 is liable to be set aside and quashed.
C. That, in the FIR 13.06.2016 selection of 3 (three) different districts are considered in the back ground that all the selections were separate and un connected with each other. As the FIR is not specifically connected with only to the Constable selection process of Nagaon, general allegation relating to other selection process of two other districts, namely-Dhubri and Barpeta, cannot be taken into account to implicate the petitioner with the penal provisions under which the FIR has been registered.
D. That, the enquiry was held against the petitioner, merely on the basis of anonymous letters wherein there was no mention about the petitioner, which is indicative of the fact that the petitioner has been made a scapegoat to save the skin of others, and, as such, the FIR aforesaid is liable to be set aside and quashed.
E. That, the allegations mentioned in the FIR against the petitioner are vague and fabricated. Malicious and the same has been made to lower the image of the petitioner in public, who is a top districts level police officer of the State with high reputation. The officers of Vigilance and Anti Corruption, Assam acted to sabotage the prospects of the petitioner, who is on the verge of getting nomination for Indian Police Service (IPS) in the year 2017.
F. That, the Investigating Officers of Vigilance and Anti Corruption did not conduct the preliminary enquiry in a free, fair and proper manner which is evident from the facts of the FIR, and as such the same is liable to be interfered with in respect of the petitioner and is liable to be set aside and quashed. ;