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| HC dismisses petition seeking quashment of FIR | | |
JAMMU, JULY- Justice JP Singh of Jammu and Kashmir High Court, Jammu wing, today dismissed a petition filed by Anil John Deputy Director Tourism, then posted in Kashmir and involved in FIR No 43/2000 registered by Vigilance Organization Kashmir u/s 5 (2) J&K PC Act 2006 r/w section 120-B, 420, 467 and 468 RPC, seeking quashment of the said FIR.
According to the prosecution case a complaint was received from Principal Secretary Industries and Commerce Department J&K indicating that proprietor of M/S Soura Group of Industries, Mr. GM Khan by misrepresentation and processing fictitious rent claims, compensation claims in connivance with officials at various levels with regard to seven industrial units and residential accommodations, had succeeded in defrauding the state exchequer to the tune of Rs 40.86 lakhs whereas he was entitled only to a meager amount.
Justice JP Singh, after hearing Adv SC Mansotra appearing for the petitioner and AAG BS Salathia appearing for the State, observed that Court considered the submissions of counsel for the parties and is of the view that in view of the law laid down by the Supreme Court of India in State of Haryana and Others Vs Ch Bhajan Lal and Ors. Petitioner’s case is not the one which may fall in any one of the other illustrations mentioned in the judgment. That apart, investigation of case as found the petitioner to have issued false incorrect categorization certificate in respect of the building of GM Khan, in connivance with GM Khan so as to confer undue benefit on him. There is no material on record on the basis of which the act of the petitioner may be seen as an act of “Good Faith” so as to invoke the Tourism Trade Act.
With these observations Court dismissed this petition and said that in any case all these matters are required to been seen when proper challan is put up in a competent Court against petitioner and all others who may be responsible and might have connived in depriving the state exchequer of its money.
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