High Court has declined to quash an FIR registered against the officials of ARTO Anantnag for issuance of fake registration, fitness certificates and driving licenses
The petitioners (officials) challenged FIR No.04/2021 for offences under Prevention of Corruption Act registered with the Police Station Anti-Corruption Bureau, South Kashmir, Anantnag. As per contents of the impugned FIR, a Joint Surprise Check (JSC) was conducted by the sleuths of Anti-Corruption Bureau, Anantnag, to look into the allegations that certain touts and agents were operating in ARTO Office, Anantnag.
It was alleged that the officers/officials of ARTO Office, Anantnag in 2021 in league with these touts prepare registration and fitness certificates for heavy commercial vehicles, issue driving licenses etc. in lieu of bribe. The JSC conducted on the day of the driving trial test revealed that most of the application forms for issuance of driving licenses were bearing codes written in pencil which were found to be abbreviations of the names of some of the touts/agents.
These touts were found operating in league with the Board members of ARTO Office, Anantnag, who were actively influencing the working of ARTO Office, Anantnag. During the course of enquiry, statements of some of the applicants who had appeared for driving test, revealed that they had paid bribe for issuance of driving licenses through agents/touts for Board members of ARTO Office, Anantnag.
It was also found that the officers/officials of ARTO Office, Anantnag, for their ulterior motives, were conducting both driving test trials and fitness test of vehicles in a hasty manner just to accommodate applicants recommended by touts/agents.
It is further alleged in the impugned FIR that by acting in this manner, the officers/officials of ARTO Office, Anantnag, under a well knit conspiracy with touts/agents, in lieu of pecuniary benefits, abuse their official positions while conferring undue benefit upon the touts and the candidates.
“From the stage of registration of FIR upto the stage of filing of final report before the Court, it is the domain of the Investigating Agency to investigate a matter in accordance with law without any judicial interference. Thus, it was well within the domain of the Investigating Agency to differ with the opinion of the previous Investigating Officer and to hold fresh investigation into the matter”, Justice Sanjay Dhar said and dismissed the plea challenging the FIR with the reason that there is no merit in the petition. Daily Excelsior
