IIT Roorkee. Photo: University website
Nainital: The Uttarakhand high court
has quashed an order issued by the Chief Judicial Magistrate (CJM) of
Roorkee for filing an FIR against the IIT, Roorkee director and other
officials of the institute in an embezzlement case.
Justice RC Khulbe of the high court dismissed the lower court’s order
on the grounds that two FIRs cannot be filed in the same case.
The case pertains to IIT junior superintendent Dheeraj Upadhyay
against whom an FIR was lodged by the IIT administration in December
2020 for his alleged involvement in the embezzlement of Rs 2.5 crore.
His services had also been terminated by the IIT administration.
Subsequently, a former employee of the premier institute, Manpal
Sharma, had filed an application in the Roorkee CJM’s court seeking an
FIR against Director Ajit Chaturvedi, Assistant Registrar Jitendra Dimri
and Dean Manish Shrikhande too in the embezzlement case alleging their
involvement.
The CJM court had ordered
that an FIR be lodged against the officials. This order has been
challenged by the officers named in the FIR before the high court.
During the hearing on Wednesday, advocate Vipul Sharma, appearing for
Chaturvedi, referred to the Supreme Court’s ruling in the case of TV
news anchor Arnab Goswami, and said FIR cannot be filed twice in a
single case.
As an FIR had already been lodged against the accused by IIT, no second FIR was possible in the case, Sharma said.
After
the hearing, the high court set aside the order of the lower court for
registering the FIR against the IIT director and others.
source (PTI)
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