JAMMU, May 20: The High Court of Jammu & Kashmir and Ladakh has quashed an FIR registered against former Ranji cricketer Majid Yaqoob Dar in an alleged date-of-birth manipulation case, observing that criminal proceedings cannot be allowed to become a “weapon of persecution”.
Justice Wasim Sadiq Nargal passed the order while allowing a petition seeking quashment of FIR registered by the Crime Branch Kashmir, along with the original complaint, preliminary verification proceedings and related communications issued by the Economic Offences Wing.
The complaint, filed on September 12, 2020 by the then Chief Executive Officer of the Jammu and Kashmir Cricket Association (JKCA), alleged that Majid Dar had submitted a false date of birth certificate showing his birth date as December 30, 1978 instead of December 30, 1970 during his registration for Ranji Trophy tournaments to allegedly secure benefits and registration fraudulently.
Following the complaint, the Crime Branch Kashmir initiated a preliminary enquiry and appointed the Deputy Superintendent of Police, Economic Offences Wing, as enquiry officer.
During the enquiry, however, the JKCA conducted its own internal investigation and found the allegations against the former cricketer to be unsustainable. The Association subsequently withdrew the complaint through a report dated March 16, 2022 and informed the Crime Branch that the allegations were false and devoid of merit.
The High Court noted that despite repeated communications from the JKCA seeking closure of the matter and clarifying that all available records had already been provided, the enquiry proceedings continued.
Counsel for the petitioner informed the court that the JKCA Sub-Committee had concluded that the complaint appeared to be motivated and aimed at victimizing the petitioner, particularly when his date of birth had already been accepted by the Association at the relevant time.
The court further observed that the Sub-Committee noted Majid Dar had continued to represent JKCA in senior tournaments and had delivered commendable performances reflected in official records.
The High Court also took note of the statement of Brigadier Anil Gupta, Member Administration JKCA, recorded before the Registrar Judicial Srinagar, wherein he stated that the Association did not wish to pursue the prosecution and sought closure of the FIR.
The statement also clarified that there was no age restriction for participation in Ranji Trophy matches and that the remuneration received by the petitioner was legitimate payment for matches played on behalf of Jammu and Kashmir.
The court observed that the case neither involved public funds nor any allegations of misappropriation and that the complaint appeared to have been motivated by internal disputes within the Association.
Justice Nargal held that once the complainant Association itself had found the allegations baseless and unsupported by official records, continuation of criminal proceedings would amount to abuse of the legal process.
“Criminal law cannot be permitted to degenerate into a weapon of persecution or be utilized for oblique purposes arising out of personal or institutional rivalries,” the High Court observed.
Relying on Supreme Court rulings in State of Haryana Vs Bhajan Lal and Mohd Wajid Vs State of UP, the court reiterated that inherent powers under Section 482 CrPC can be exercised where criminal proceedings are initiated with mala fide intention or ulterior motives.
Holding that the very basis of the allegations no longer survived, the High Court ruled that continuation of proceedings would amount to unnecessary harassment of the petitioner.
Accordingly, the court quashed FIR No. 26/2023 dated May 25, 2023, complaint No. JKCA/CEO/20/230 dated September 12, 2020, preliminary verification No. 40/2021 and all consequential proceedings arising from the case. (KNC)
