Delhi HC Refuses To Quash Criminal Case Against Former DANICS Officer AV Prem Nath

The Delhi High Court has refused to quash an FIR against AV Prem Nath, a former 1997-batch Delhi, Andaman and Nicobar Island Civil Services (DANICS) officer.

The Bench of Justice Amit Sharma observed that there was no case for exercise of jurisdiction under Section 482 of the CrPC, and said that, "Be that as it may, 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 present case is not one where it can be safely concluded at this stage that no offence is made out."

Senior Counsel Vibha Dutta Makhija, along with others, appeared for the petitioner, while APP Aman Usman, along with others, appeared for the State. 

The petitioner sought the quashing of an FIR and its consequential proceedings through Section 482 of the CrPC.

The complainant, Nakul Kashyap, alleged that, after his father's death and unsuccessful attempts at compassionate employment, the petitioner, Shri AV Premnath, offered assistance. The petitioner claimed connections with Mr. Saurabh Bhardwaj, promising support in exchange for submitting a complaint against Sh. YVVJ Rajshekhar, a Special Secretary in the GNCTD.

Subsequent investigations revealed false allegations against Rajshekhar, including caste-based remarks attributed to him through a fake email ID created in the complainant's name. The petitioner, seeking to annul these charges, contended that the FIR was based on fabricated accusations and sought intervention.

On analysing the prevailing precedent on the subject, and the facts and circumstances of the case, the Court took the considered view that, "no case for exercise of jurisdiction under Section 482 of the CrPC for quashing of the impugned FIR is made out."

Accordingly, the petition was dismissed.

Cause Title: AV Prem Nath vs State (NCT of Delhi)

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