• FIR under section 420/468/471/120B by State Vigilance and anticorruption

An FIR was registered under section 154 Cr.P.C on dated [deleted] against me regarding upgradation of contractor Class B to Class A in H.P.P.W.D department. After the detailed enquiry it was found that the departmental officers (committee) has given relaxation to me and upgraded me as Class A contractor, It is pertinent to mention that as per H.P enlistment rules if a contractor wants to upgrade his class from B to A he must have executed at least three works of value more than 25 lacs. In my case I have executed only two works of Rs. 25 lacs only but the committee found me financial strong and capable of executing big projects and they have upgraded me by giving relaxation. No evidence of bribe has been found by the vigilance. Now the FIR is pending no challan is put in the court please suggest me can I approach the High Court to quash the FIR because in similar cases the state Govt. has given the relaxation in 2017 and up graded more than 171 contractors.
Asked 5 years ago in Criminal Law
Religion: Hindu

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10 Answers

Dear Concerned, 

 

Yes - as per the information provided in your notes, you have strong grounds to approach the High Court for quashing the FIR, make sure you quote and substantiate your claims with supporting documents (ref . 171 contractors) also provide details of your successfully delivered projects and documents related to your financial strength.  

 

Best of Luck 

Atulay Nehra
Advocate, Noida
1308 Answers
58 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that your FIR, doesn’t at all stand at the footing to proceed further.
  2. As you have rightly said that there has been cases wherein Hon’ble High Court and Supreme Court has granted liberty for the committee to decide as to how and when and on what exception the contractor can be upgraded to A level, irrespective of the fact of not been completed three projects.
  3. I would advice you to please go for quashing of the FIR under Article 226 and section 482 of Cr. P. C. on merits of the case as no case doesn’t arise in your case, so no use of keeping it pending and also seek for stay if the proceedings at lower court till the final dispossal of the FIR quashing petition.
  4. In the mean while, I would try to search some good case laws to support your case, and if you wish I can further draft the petition for you.

Good Luck...!

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

The corruption charges have been dropped as no corruption happened. It is the duty of the department to take back the fir citing reasons. You should give an application to the department to perform the necessary action.if the department is not doing the needful then file a petition for quashing the fir.

Regards 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

1. Well, since no charge sheet is submitted as yet the investigating agency may very well close the case by giving B report.

2. So wait little longer till submission of charge sheet. This is necessary for quashing case as well as in such case the high court does not intervene during FIR stage as the investigation is not complete as yet.

3. if there is precedent then quashing has a god merit but do wait till submission of challan.

Devajyoti Barman
Advocate, Kolkata
22815 Answers
488 Consultations

5.0 on 5.0

wait for police investigations to be completed 

 

2) after investigations if police do not find any evidence against you closure report would be filed 

 

3) if charge sheet is filed apply for discharge before trial court 

 

4) quashing is to be done only in exceptional circumstances 

Ajay Sethi
Advocate, Mumbai
94692 Answers
7527 Consultations

5.0 on 5.0

State Of Gujarat vs Gurukrupa Construction Co. on 18 March, 1996..
was to bring to our notice that the same issue has been discussed also in this case.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Dear client, 

Clearence in Offical inquiry is no reason to drop criminal charges but on the basis of common practise adopted by govt. For other contractors and reason given by govt. For upgradation , FIR can be quashed. File writ. 

Yogendra Singh Rajawat
Advocate, Jaipur
22630 Answers
31 Consultations

4.4 on 5.0

Yes you can file application for quashing of the same

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

See in your facts and circumstances and similar case of upgradation available you can prefer a quashing petition before the high court and can seek prayer of quashing the FIR and subsequent proceedings against you.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You can approach high court with a petition under section 482 cr.p.c. seeking to quash the FIR for the reasons you rely upon.

If you are confident that as per rules laid down, you are eligible to this up-gradation, you may proceed with the quash petition. 

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

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