Guwahati- Gauhati High Court has quashed the criminal proceeding initiated against a Senior IPS officer Sri Anurag Agarwal, DIG(Southern Range) in connection with Panbazar P. S Case No. 77 of 2015 under sections 120(B)/420/468/471 of the Indian Penal Code,1860 observing that “ no prima facie case has been made out against the officer and in order to prevent the abuse of the process of law and miscarriage of justice, it is just and proper to interfere with the said proceeding”.
Quashing the criminal proceeding being, Justice C R Sarma observed that “continuance with the criminal proceeding against the Officer will lead to unnecessary harassment and causing miscarriage of justice.
FIR registered against the officer in respect of plot of land with Assam type house at Noonmati area which he had purchased in 2011. Mr. Agarwal approached Gauhati High Court seeking quashment of the said FIR registered against him by way of filing Criminal Petition No. 595 of 2015.
Amit Goyal, Advocate for the IPS officer told the reporter that in the month of March 2015 the office of the Deputy Commissioner, Kamrup (Metro) lodged an FIR with Panbazar Police Station alleging that at the time of issuing NOC, the relevant documents were not properly consulted at the Circle level as well as ADC level for the purpose of fixing the valuation and hence the property had been assessed undervalued to avoid full stamp duty.
Agarwal’s Counsel Amit Goyal argued before the Court that the allegations in FIR are directed against the officials at the office of the Deputy Commissioner , Guwahati and that Mr. Agarwal has no role to play in fixing the valuation as well as granting the sale permission . Mr. Goyal further submitted before the Court that Mr. Agarwal had paid stamp duty on the value of the land, which was fixed by the appropriate authority and the zonal value at the rate of 75,00,000/- per bigha was applicable to the land situated within 200 meter radius from Anuradha to Noonmati and as Mr. Agarwal’s land was situated beyond 200 meter radius from Anuradha to Noonmati ,the said zonal valuation of the land was not applicable to the petitioner.
Mr. Goyal further contended before the Court that there are no ingredients of any criminal offence in the FIR as such continuation of the criminal proceeding against Mr. Agarwal infringes the fundamental rights guaranteed under Article 21 of the Constitution of India and as such the criminal proceeding is laible to be quashed for preventing abuse of process of the Court .