Allahabad HC Dismisses Plea To Quash FIR Against Babu Singh Kushwaha In Monument Scam

The Lucknow bench of the Allahabad High Court passed the order on the writ petition filed by Kushwaha. The petitioner had sought the quashing of the FIR under Sections 409, 120-B I.P.C. and Section 13(1)(d) read with Section 13(2) of Prevention of Corruption Act, contending that it had been seven years but the probe was not yet concluded.

The minister also pleaded that there was no material evidence against him for implicating him in the case and that the FIR was registered in 2014 after the Lokayukta report during Akhilesh Yadav-led SP regime.

The counsel appearing on behalf of the petitioner had contended that petitioner was not the beneficiary as no financial transaction was ever made at the end of the petitioner or any of his officials posted in his Ministry. While the counsel appearing on behalf of the State opposed the quashing of the FIR against the petitioner argued that om the perusal of the FIR, there is sufficient evidence on record against the petitioner and hence, the FIR cannot be quashed or set aside.

The division bench of Justice Ramesh Sinha and Justice Saroj Yadav held 'Considering the allegations in the FIR and material brought on record, it cannot be said that no prima facie case is made against the petitioner, rather, there appears to be sufficient ground for investigation. Accordingly, we do not find any justification to quash the impugned FIR.'

To the plea raised by the petitioner that investigation was being made to linger unnecessarily, keeping the sword hanging on him, the Court observed "We direct the investigating officer to conclude the investigation of the present case and file a police report before the court concerned, in accordance with law, expeditiously, preferably within a period of four weeks from the date of production of a certified copy of this order."

Finally, the Court concluded with disposing of the petition.