JAMMU, Aug 18: High Court has quashed FIR registered at Police Station Mahore against former BDO Khadim Hussain and Khadim Hussain, presently working as Panchayat Inspector, Arun Gandotra, Technical Assistant, Jamal Din, Village Level Worker and Mohd Ashraf, Gram Rozgar Sevak, while directing the Police to proceed against the complainant for allegedly setting the criminal machinery in motion on false information.
Justice M A Chowdhary allowed petition filed by them, directing registration of the case, along with the consequential FIR registered under Sections 420, 409, 109 and 506 IPC and all proceedings arising therefrom.
The criminal case had originated from a complaint filed by one Abdul Gani alleging non-payment of wages and irregularities in works executed under MGNREGA.
The petitioners challenged the Magistrate’s order primarily on the ground that the mandatory safeguards laid down by the Supreme Court in Priyanka Srivastava Vs State of Uttar Pradesh had not been followed.
The Court recorded that the complainant had filed a false complaint before the court of law and triggered the investigation of the case by the investigating agency on his false information.
The High Court consequently directed the SHO Police Station Mahore to proceed against Abdul Gani under Section 217 BNS, corresponding to Section 182 IPC, for giving false information to a public servant to cause harm.
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