Investigations to continue under Section 202 of Cr PC
FIR lodged, case registered against ex-DGP on September 22 Removed from the post, appointed DG of Home Guards
BHOPAL: The Indore bench of the Madhya Pradesh High Court has issued an order quashing an FIR filed by the Economic Offences Wing of the police against former State Director-General of Police Swaraj Puri. The FIR had been lodged against Mr. Puri in response to a special court order that investigations into certain allegations against him be conducted under Section 156 (3) Cr PC. Following the latest High Court order, the allegations against the former DGP would still be investigated but under Section 202 of Cr PC.
The Economic Offences Wing had lodged the First Information Report and registered a case against Mr. Puri on September 22 in response to the court order of September 15.
Mr. Puri faces allegation that he got his son admitted to the Gonvindram Sakseria Institute of Technology and Science (GSITS) in Indore under the NRI quota by showing one Babulal Somani, an Indore-based businessman, as his son's grandfather and sponsor.
After the FIR was lodged against Mr. Puri, the Madhya Pradesh Government issued orders removing him from the top police post and appointing him Director-General of Home Guards. The Director-General Of the Economic Offences Wing, O.P. Garg said, "I am yet to go through the High Court order."
An EOW investigator contacted by this correspondent said the FIR had been lodged against Mr. Puri as the special court had ordered that investigation/inquiry be conducted into the allegations against him under Section 156 (3) of Cr PC. He said that there are Supreme Court rulings making it mandatory to file an FIR before proceeding with investigations under Section 156 (3) of Cr PC. "The matter is not completely closed," he said, adding that the EOW had not started anything on its own but was following a magisterial order.
While quashing the FIR, the High Court has pointed out that since the trial court was seized of the matter and since it was in the post-cognisance stage, an FIR should not have been lodged by the investigating agency.
Manohar Dalal, counsel for complainant Mahesh Garg, said the High Court order would not affect the investigations and they would continue without any interruption.