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DB dismisses appeal of former DDK Srinagar seeking quashing of FIR
5/27/2022 10:50:41 PM
Early Times Report
SRINAGAR, May 27: A division bench of Jmamu & Kashmir and Ladakh High Court at Srinagar wing comprising Justice Ali Mohammad Magrey and Justice Puneet Gupta today dismissed the appeal filed by Dr. Rafiq Masoodi seeking quashing of FIR registered by Central Bureau of Investigation.
According to CBI, on the basis of source information FIR No RC-03 (A) of 2013 for offences under Section 5(2) read with 5(1)(d) of J&K PC Act, Sections 420, 468, 471 and 120-B RPC came to be registered by Police Station, CBI/ACB, Srinagar. It was alleged in the FIR that Abdul Qayoom Wadera, Deputy Director General (DDG), Doordarshan Kendra (DDK), Srinagar, had entered into a criminal conspiracy with Ghulam Mohi-u-Din, Programme Executive, Doordarshan Kendra, Srinagar, and some unknown persons.
They had cheated DDK, Srinagar, while claiming payments amounting to Rs.18.81/ lacs towards 22 fictitious artists stated to have been engaged for production and telecast of four programmes, namely, "Tote Gov Koal", "Rood Kaya Baqi", "Ghar Se Bollywood Tak" and "Rum Gayam Sheeshas" on the basis of fake and fictitious documents thereby causing a wrongful loss to the government exchequer and corresponding wrongful gain to themselves.
On the culmination of the investigation, the competent authority granted sanction to prosecute the petitioner and seven other accused in terms of its order dated 20th of May, 2015, where after a challan came to be filed against the petitioner and the accused before the Court of Special Judge, Anticorruption (CBI Cases), Srinagar. As per the challan offences Section 5(2) read with 5(1)(d) of J&K PC Act, Sections 420, 468, 471 and 120-B RPC were found established against the accused.
Dr. Masoodi challenged the FIR in the High Court Seeking quashing of FIR which was dismissed the High Court and present appeal was filed. The DB after hearing both the sides observed that LPA is not maintainable and dismissed the LPA.
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