JAMMU, Sept 18: Justice Sanjay Parihar, has quashed Anti-Corruption Bureau (ACB) proceedings against petitioners in a case concerning mutation of 116 kanals and 12 marlas of land, holding that an alleged error in exercise of statutory powers cannot by itself be converted into criminal misconduct or conspiracy.
Court quashed proceedings arising out of FIR No. 05/2021 dated February 3, 2021, registered by ACB Jammu under the J&K Prevention of Corruption Act and Section 120-B RPC, insofar as they related to the petitioners before the court.
The ACB case alleged that Revenue Officers had abused their official position and violated provisions of the Agrarian Reforms Act and settlement instructions while conferring ownership rights, resulting also in alleged evasion of stamp duty.
The High Court said there was no independent material indicating bribery, dishonest abuse of official position or a prior meeting of minds between the petitioners and Revenue Officials.
High Court held that an alleged irregularity in exercise of statutory jurisdiction could not merely by describing the resulting benefit as an undue advantage be converted into criminal misconduct.
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