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HC quashes FIR against MD of private hotel
7/1/2018 10:22:53 PM
Early Times Report
Srinagar, July 1: State High Court quashed the FIR Lodged by Crime Branch Kashmir against Farooq Ahmad Dar Managing Director Mughal Darbar Hotel.
According to the Crime Branch on 25.07.2017 the authorities of Crime Branch Kashmir received a communication under the head "Complaint regarding abuse of official position by the officers of Armed Police, J&K to confer undue benefit", the details of which are that the matter pertaining to lending of Government premises to a private person for running eatery (food point) allegedly under the so called PPP mode both at Srinagar and Jammu by Armed Police, came under discussion in the Police Headquarters. It has been stated that the perusal of records reveals that the officers/officials of JKAP 9th Bn. having domain in the capacity of public servants over the property of Lake View, Golf Course-cum-Police Environment and Training Park, Boulevard, Srinagar, have under a well-designed criminal conspiracy under the garb of a joint venture rented out the above said property to Hotel Mughal Darbar through its Managing Director, Mr. Farooq Ahmad Dar S/o Mr. Habib-ullah Dar R/o Banderpora Anantnag. The public servants have illegally and dishonestly by abuse of their official position executed an illegal agreement in respect of the above said property in his favour on 19th of May, 2014.
In view of the aforesaid directions of PHQ, J&K Srinagar, and CHQ, J&K Srinagar, a case bearing FIR No.22/2017 for the commission of offence under Sections 409, 120-B of the RPC read with Section 5(2) of the Prevention of Corruption Act, is registered at Police Station Crime Branch, Kashmir, with regard to the lending of the Government property situated at Lake View Golf Course-cum-Public Environment & Training Park, Boulevard and the investigation of the said case is entrusted to Farhat Jeelani, Dy. SP of Crime Branch, Kashmir.
Justice MK Hanjura allowed the petition as a consequence of which FIR No. 22/2017 registered by the respondents, the State of Jammu and Kashmir through SHO, Police Station, Crime Branch Kashmir, for the commission of offences punishable under Sections 120-B and 409 of the RPC read with Section 5(2) of the Prevention of Corruption Act, is hereby quashed including the proceedings being conducted in the aforesaid FIR as against the petitioner.
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