Delhi HC Refuses To Quash FIR Against Former Bureaucrat For Allegedly Inducing False Complaint Against Special Secretary YVVJ Rajshekhar

The Delhi High Court on Monday refused to quash an FIR against former 1997-batch Danics officer AV Prem Nath, prematurely retired from service in October last year over molestation charges, for allegedly inducing a to file a false complaint against YVVJ Rajshekhar, Delhi Government's Special Secretary (Services and Vigilance), in return for a job.

Justice Amit Sharma said that it is not a case where it can be safely concluded at this stage that no offence is made out against Nath.

“…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 court said.

Nath was posted with Delhi government's Department of Urban Development. He was suspended in 2022 in connection with a case registered against him over molestation of a minor in Uttarakhand. Last year, he was prematurely retired from service by the Central Government.

The court dismissed Nath's plea seeking quashing of the FIR registered against him last year by one Nakul Kashyap for the offences under Sections 417, 419, 468, 471 and 120B of the Indian Penal Code, 1860.

Kashyap, whose father passed away on duty at LNJP Hospital, alleged that Nath assured him that he is acquainted with Aam Aadmi Party leader and Minister Saurabh Bhardwaj and that he will help him in securing the appointment on compassionate grounds.

Kashyap alleged that Nath assured him that he will get him employed once a complaint is submitted against YVVJ Rajshekhar. As per the FIR, Nath obtained Kashyap's signatures on several documents.

Kashyap also alleged that a fake email-ID was created in his name, using which complaints against Rakshekhar were sent to various persons by Nath.

It was Nath's case that the allegations were not sufficient to constitute the offences in the FIR which was filed a result of vendetta against him perpetrated by Rakshekhar.

On the other hand, the State opposed the petition on the ground that the allegations against Nath were serious and the investigation conducted so far sufficiently revealed his involvement in the offences.

Rejecting the plea, the court said that Kashyap, in his statement recorded under Section 164 of CrPC, corroborated the allegations in the FIR.

“In view of the above, the present case involves two versions – one of the petitioner and one of the complainant, which requires due investigation,” the court said.

It added: “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.”

Counsel for Petitioner: Ms. Vibha Dutta Makhija, Senior Advocate with Mr. Sumit Kumar, Advocate

Counsel for Respondent: Mr. Aman Usman, APP for the State, Mr. Yoginder Handoo, Special Counsel

Title: A.V. PREM NATH v. STATE (NCT OF DELHI)

Citation: 2024 LiveLaw (Del) 82

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