The Allahabad High Court has quashed an FIR, lodged against BJP MP Rita Bahuguna Joshi here under the provisions of the Prevention of Corruption Act and sections of the Indian Penal Code (IPC), saying that “it is malicious to settle political scores”.
The BJP MP’s counsel S.D. Kautilya, said that the FIR was lodged by one Shiv Babu Gupta against Joshi and four others on January 16, 2008, alleging that during her tenure as mayor of Allahabad (from 1995 to 2000), she colluded with four others and disposed the property of Nagar Town situated at George Town for their own vested interest.
Allowing a writ petition filed by Joshi, a division bench comprising Justice Suneet Kumar and Justice Syed Waiz Mian observed, “On perusal of the allegations in the impugned FIR, it is evident that the prosecution against the petitioner is malicious to settle political scores. No material has been placed on record to refute the allegations made in the writ petition.”
Having regard to the reasons assigned, the court set aside and quashed the FIR dated January 16, 2008, under sections 120B (conspiracy) 420 (cheating) and under the provisions of Prevention of Corruption Act, 1988 registered at police station Civil Lines, Allahabad district.
Passing the above directives, the court further added, “The FIR is a malicious act full of vindictiveness. The complainant has no interest in the land. He slept over for decades to raise this issue. His so-called samiti did not even attempt to look into the fact that the offences alleged have already been investigated earlier by the CBI, who had not found anything against the petitioner.”