LI Network
Published on: January 24, 2024 at 11:00 IST
The Delhi High Court has refused to quash the FIR filed against AV Prem Nath, a former 1997-batch officer of the Delhi, Andaman and Nicobar Island Civil Services (DANICS).
In a recent decision, Justice Amit Sharma, sitting on the bench, concluded that there was no basis for exercising jurisdiction under Section 482 of the Criminal Procedure Code (CrPC).
The Court noted, “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 complainant, Nakul Kashyap, alleged that, following his father’s demise and unsuccessful attempts at securing compassionate employment, AV Prem Nath offered assistance.
The petitioner claimed connections with Mr. Saurabh Bhardwaj, pledging support in exchange for filing a complaint against Sh. YVVJ Rajshekhar, a Special Secretary in the Government of National Capital Territory of Delhi (GNCTD).
Further investigations unveiled false allegations against Rajshekhar, including caste-based remarks attributed to him through a fabricated email ID created in the complainant’s name. Seeking to nullify these charges, the petitioner contended that the FIR was based on concocted accusations and sought the court’s intervention.
Considering the existing legal precedents and the specifics of the case, the court expressed, “no case for exercise of jurisdiction under Section 482 of the CrPC for quashing of the impugned FIR is made out.”
Consequently, the petition was dismissed.
Cause Title: AV Prem Nath vs State (NCT of Delhi)