Court upholds order for lodging of FIR against KMC officials
Refusing to grant any relief to Delhi University's Kirorimal College, a sessions court here has upheld a magisterial court order directing lodging of FIR against its officials in a case of misappropriation of UGC funds, saying the "allegations disclosed cognizable offence".
New Delhi: Refusing to grant any relief to Delhi University's Kirorimal College, a sessions court here has upheld a magisterial court order directing lodging of FIR against its officials in a case of misappropriation of UGC funds, saying the "allegations disclosed cognizable offence".
Additional Sessions Judge (ASJ) Narinder Kumar dismissed the revision plea, moved by the officiating principal of the college, against the trial court's order, saying there is no merit in the petition.
"Perusal of criminal complaint would reveal that complainant has levelled allegations of embezzlement, criminal conspiracy, criminal breach of trust, impersonation for the purpose of cheating, cheating, forgery, use of false documents as genuine and offences under Prevention of Corruption Act," the ASJ said.
"In the given facts and circumstances, when allegations disclosed cognizable offence, the only directions which need to be issued by the court to the police is for registration of FIR and investigation of the case in accordance with law," the court said.
The sessions court also observed that when the information discloses commission of cognizable offence then there is no need at all for the police to seek legal opinion from prosecution department whether to register FIR or not on the complaints.
According to the revision petition, on October 14, 2014, metropolitan magistrate directed the police to register an FIR and investigate the matter in accordance with law with further directions of submission of compliance report within a week and status report by December 01, 2014.
The magisterial court order had come on the criminal complaint filed by Najafgarh resident Mithilesh Kumar Singh who had alleged that officials of the college misappropriated funds, allocated for conducting the two UGC?NET examination in December, 2012 and June, 2013, on the basis of forged and fabricated documents.
He had also alleged that officials of college, unknown officials of UGC and University of Delhi had also acted in connivance for misappropriation of funds.