STATE TIMES NEWS
JAMMU: Justice Sanjay Dhar of Jammu & Kashmir and Ladakh High Court while refusing to quash preliminary enquiry against revenue official, observed that purpose of verification of the complaints and holding of preliminary enquiry is to ascertain the veracity of the allegations made in the complaint, otherwise a public servant would be susceptible to reckless prosecution and no public servant would be able to take decisions in a free and fair manner. It is for this reason that before registration of an FIR against a public servant, in matters relating to corruption, the case is examined and verified by adopting any of the modes provided in clause 3.7 of the aforesaid Chapter. Thus, holding of a preliminary enquiry into the allegations made in the complaint is in the interest of the public servant, otherwise, if an FIR is registered straightway without undertaking any verification, there is every chance that the public servant may be exposed to reckless prosecution,” the Court observed. Justice Sanjay Dhar while dismissing the petition, observed that the petitioner, in the instant, without waiting for the result of the preliminary enquiry, has rushed to this Court and filed the instant petition challenging the process adopted by the ACB, Jammu, which apparently is for safeguarding the interest of the petitioner.
