JK High Court stays FIR against IAS Officer Anshul Garg at Women Cell Patiala

JK High Court stays FIR against IAS Officer Anshul Garg at Women Cell Patiala

An FIR has been lodged by Ashana Gupta wife of IAS officer Anshul Garg, Chief Executive Officer of Shri Mata Vaishno Devi Shrine Board. The FIR 0039 of 2023 dated 03.05.2023 registered at Police Station (Women Cell), Patiala Punjab levelling allegations by Ashana Gupta against her husband Anshul Garg, his mother Anju Garg and father Om Parkash Garg for demanding dowry, having treated her with cruelty, abusing and taunting her and causing her mis-carriage without her consent on two occasions as well as alleging wrongful confinement in order to extort money and property. The FIR charged the accused with the commission of offences punishable U/Ss 406, 498-A, 313 and 120-B of the IPC.

Anshul Garg, Daizy Garg and Om Prakash Garg moved bail applications to restrain their arrest against the FIR in the Court of Additional Sessions Judge Fast Track Special Court, Patiala. The Additional Session Judge, FTSC, Patiala Sh. Harinder Sidhu after hearing the contesting counsels arguments on May 15, 2023 dismissed the bail application bearing CIS No. 1711 of 2023 titled as ‘Anju Garg alias Dazy Garg and Om Parkash Garg Vs.State'.

Disposing the Bail Application, the Court observed, “Keeping in view the above mentioned facts and circumstances, including nature and gravity of the offence, it is not a fit case for grant of anticipatory bail to the present bail applicants/accused. As such the present bail applications stand dismissed.”

After rejection of bail by the Patiala Court, Anshul filed a writ petition WP(Crl) No.52/2023 CrlM No. 3187/2023 in the J&K and Ladakh High Court seeking quashing of the FIR 0039 dated 03.05.2023 registered at PS Women Cell, Patiala.

Justice Mohd Akram Chowdhary of J&K High Court, after hearing Advocate Sakal Bhushan appearing for the petitioner, ordered stay on the FIR. The Petitioners' Counsel argued that the High Court has the power to dismiss the FIR registered outside its jurisdiction where parts of causes of action occurred within its jurisdiction. Granting interim relief, the High Court ordered, ‘Issue post-admission notice to the respondents to file counter affidavits within four weeks. Requisites for their service are filed within one week. Meanwhile, subject to objections from the other side and till next date before the Bench, the investigation into the impugned FIR qua the petitioners, is ordered to be stayed.”

The Petitioner through Advocate Sakal Bhushan challenged the FIR on the ground that Anshul's wife was the daughter of a high profile person from Punjab. Whose father is a cabinet rank person as the Deputy Chairman of the Economic Policy and Planning Board of Punjab. The Petitioner reported that his wife was suffering from infertility due to difficulty in conceiving and maintaining pregnancy due to Poly Cystic Ovarian Disease (PCOD). Because of this discord was created. Therefore, she made false allegations of cruelty, physical as well as mental assault and stated that it resulted in her miscarriage. After hearing the arguments, the High Court has stayed this FIR. The HC listed the case for the next hearing on 19.07.2023.