Himachal Pradesh High Court quashed the FIR against Prem Kumar Dhumal, Dr. P.C. Kapoor, Ravi Dhingra and A.N. Sharma on the issue of giving re-employment in the favour of DIG A.N. Sharma.
The proceeding before the lower court in this regard was also quashed.
Justice Rajiv Sharma heard the petition filed by Sh. Prem Kumar Dhumal against the orders of the Special Judge (Forest), Shimla.
The Court observed that allegation contained in the FIR 6/2014 dated Jun 17 .2014 and final report does not constitute offence of cheating under section 420 IPC and criminal conspiracy under section 120-B and criminal misconduct under section 13(2) of the prevention of Corruption act, 1988.
Mr. Dhumal had challenged the orders of the Special Judge (Forest) Shimla on the grounds that the prosecuting agency/Home Department has misled the Trial Court by not placing both the orders of the Governor of H.P. and it has been passed without taking cognizance of the orders dated 21.03.2015 of the Governor of H.P.
On January 21, 2015, the then Governor of H.P. Smt. Urmila Singh had expressed opinion that sanction under section 19 of the Prevention of Corruption Act was not required, while on March 21 the Governor Sh. Kalyan Singh had reviewed the January 21 order and denied prosecution sanction against Sh. Dhumal.
Mr. Dhumal has alleged that prosecution has suppressed the March 21 orders of the Governor from the Court and no cognizance can be taken for any offence alleged to have been committed by a public servant during discharge of official duty without any mala fide.
During the hearing it was observed by the court that the decision was taken by the Sh. Prem Kumar Dhumal on legal advice and the recommendation of Principal Secretary (Home) and the Chief Secretary without any mala fide, complicity and favour. He had acted in discharge of his official duty. Moreover, there was nothing on record wherein either the Principal Secretary (Law). Principal Secretary (Home) and the Chief Secretary had stated that they had recommended the matter on the directions of Sh. Prem Kumar Dhumal. In view of this the Governor of Himachal Pradesh denied the prosecution sanction against Mr. Dhumal.
The Governor of Himachal Pradesh has observed that prosecution sanction was not required under section 19 of the P.C Act and the same was also not required under section 197(1) (b) of the Cr. P.C. under section 420 and 120-B of IPC and in similarly situation, the prosecution sanction was not obtained.