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2000 Supreme(J&K) 275

O.P.SHARMA
Peerzada Gh. Ahmed Shah – Appellant
Versus
D. K. Kapoor, Dy. Registrar (Rules) J&K High Court – Respondent


Advocates Appeared:
Advocate For Appellant: Sunil Sethi
Advocate For Respondent: P.C. Sharma

The petitioner seeks quashing of the criminal proceedings initiated against him and four others by the Chief Judicial Magistrate, Jammu on a complaint filed by the Deputy Registrar of the High Court. By order dated 16.10.98 the Chief Judicial Magistrate issued process u/s 120-B, 447-A, 448, 454, 380 RPC against the petitioner whereas process u/s 406 and 409 RPC in addition to the above sections was issued against four others who are non-petitioners Nos. 2 to 5.

2. It is a peculiar case where the High Court had to file a criminal complaint against the officers including the Minister incharge of the Estate. Facts disclosed in the petitioner are that House No. 6 Wazarat Road, Jamu was placed at the disposal of the Chief Justice for being allotted to Judges from time to time. The house remained in possession of Mr. Justice B.A. Khan since 1990 till his lordship was transferred to Madhya Pradesh in the year 1997. After the house was vacated, it was occupied by his lordship Mr. Justice T.S. Doabia who shifted to House No. 2, Ved Mandir, New Plots in the months of June-July 1998. After this, the house remained in possession of the court officer of the High Court.

3. When on 13.10.1998 Shri






























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