RBA Certificate Fraud: J&K High Court Refuses To Quash FIR
A bench of Justice Sanjay Dhar held that the material collected during the investigation prima facie disclosed cognizable offences and that the Court cannot exercise its inherent jurisdiction to quash the FIR, registered by the Economic Offences Wing Srinagar, as regards allegations of cheating, forgery, criminal conspiracy and offences under the Prevention of Corruption Act.
ADVERTISEMENTThe investigation agency alleged that the petitioner obtained the RBA certificate in 2013, within two years of her marriage to a resident of Handwara, despite the applicable rules requiring a claimant to have resided in the backward area for at least 15 years before applying.
According to the investigation, the certificate was allegedly issued on the basis of false information and incorrect reports by revenue officials and was subsequently used before the Jammu and Kashmir Public Service Commission to secure public employment. The probe also found alleged irregularities concerning the renewal of the certificate and tampering with official records.
ADVERTISEMENTThe Court, after hearing counsel parties including Sr. Advocate P Kohli for petitioner and advocate F A Bhat along with Ms. Sara for one of the respondents, rejected the contention that the Economic Offences Wing lacked jurisdiction, observing that offences relating to documents fall within its jurisdiction under SO 232 of 2022.
Holding that the case was not merely one involving violation of rules, the Court said the material prima facie indicated that the RBA certificate and its renewal had allegedly been obtained through fraudulent means. Consequently, the petition challenging FIR No. 9/2025 was dismissed
The investigating agency alleged that the certificate had been issued illegally and through abuse and misuse of official position by the concerned revenue authorities, leading to the registration of the FIR.
Read Also J&K HC Rejects Writ in Bar Association Poll Dispute High Court Quashes JK Bank Officer's DismissalThe petitioner, however, challenged the FIR on several grounds. It was contended that the case had been registered after a delay of about 12 years from the issuance of the certificate and that the contents of the FIR did not disclose the commission of offences relating to cheating, forgery or misrepresentation.
It was further argued that the petitioner had bona fide applied for the certificate and that the competent authority had issued it after following the required process. The petitioner had also questioned the jurisdiction of the Economic Offences Wing to register and investigate the case.
Addressing the jurisdictional objection, the High Court examined Notification SO 232 dated May 9, 2022, under which the offices of the Crime Branch, including the Economic Offences Wings at Jammu and Srinagar, were declared police stations with jurisdiction over specified categories of offences.
The Court further held that the jurisdiction of an investigating agency is determined by the nature of offences disclosed in the FIR at the time of its registration and not by the offences that may ultimately be established after completion of the investigation.
On the merits of the case, the Court took note of the material collected during the investigation, which indicated that the petitioner had secured appointment under the RBA category on the basis of a certificate issued by the Tehsildar, Handwara, in June 2013.
“Thus, it cannot be stated that it is only a case of violation of rules but it appears to be a case of obtainment of the RBA certificate in a fraudulent manner,” the Court said and dismissed the plea.
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