The Delhi High Court has refused to dismiss the FIR against 1998-batch Delhi, Andaman and Nicobar Island Civil Services (DANICS) officer A V Prem Nath for allegedly inducing the filing of a “false complaint” against Y V V J Rajshekhar, Delhi government’s Special Secretary (Services and Vigilance), in connection with the “cash for compassionate jobs scam”.
A single-judge bench of Justice Amit Sharma, in its January 22 order, said that it was “prima facie clear” that the email ID in question was created by the Nath and falls within the definition of ‘creating a false document’ under Section 464 of the Indian Penal Code (IPC).
“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… 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,” the high court observed.
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