HC dismisses 2 cops' pleas for quashing of CBI FIR, vacates stay
Chandigarh, Sept. 2 -- The Punjab and Haryana high court (HC) has dismissed pleas by two Chandigarh cops, seeking quashing of a 2024 criminal case filed by the Central Bureau of Investigation (CBI) against them for alleged destruction of evidence in a case of sexual harassment, involving a top executive of a private company.
The pleas were filed by inspector Ram Rattan and sub inspector Satyawan. Besides them, Anil Malhotra, the top executive associated with a private company, was also the petitioner.
"..both these petitions are frivolous to the extent of being vexatious which have not only consumed, rather, wasted the precious time of this court, which could have been utilised in hearing and deciding more pressing matters," the bench of chief justice Sheel Nagu observed while dismissing the pleas and imposing a cost of Rs.25,000 on each petition to be deposited in favour of the Bar Association of High Court of Punjab and Haryana, within 30 days. The HC also vacated the stay on the CBI investigation imposed in April 2024, acting on these petitions.
The FIR against the top executive was filed in April 2022 on allegations of sexual harassment. In August that year, UT police prepared a cancellation report, which was accepted by the trial court. However, in December that year, the then UT director general of police (DGP) found "illegal and corrupt activities" on part of the police personnel and requested the CBI to conduct an inquiry. It was this case that prompted the repatriation of then UT senior superintendent of police (SSP) Kuldeep Singh Chahal to his parent cadre in Punjab in December 2022, 10 months before his three-year inter-cadre deputation was to end.
The CBI, while probing Chahal's role, found the involvement of these two cops and in April 2024, they were roped in as accused for destruction of evidence and preparing false seizure memo etc. in the2022 FIR to allegedly helpMalhotra. One petition was filed by Malhotra and the second by these cops, arguing that the closure report in the 2022 FIR has been accepted by the court. Hence, the investigation had culminated and the CBI FIR be quashed. The CBI, on the other hand, told the court that as soon as the CBI came to know of the involvement of these two cops, while probing Chahal's role, permission under the Prevention of Corruption Act was sought and FIR was registered after obtaining approval for the same.
The court, while dismissing the plea, observed that the act of the CBI was in no manner "unlawful or against any provision of law". The nature of allegations in the 2022 FIR are "distinct" from April 2024 FIR, even as these "ostensibly appearsimilar", it added....
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