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2010 Supreme(J&K) 280

Hasnain Massodi
Gh. Hassan Raina – Appellant
Versus
State Of J&K – Respondent


Advocates Appeared:
Z.A. Shah, Shah Amir.

1. Inherent powers vested in this Court under Section 561-A are being invoked to seek quashment of criminal proceeding pending against the petitioner in the Court of Special Judge Anti-corruption, Srinagar. The petition has been filed against the following factual backdrop.

2. Shri Imran Nazir S/o Nazir Ahmad-respondent No. 5 herein, obtained admission to MBBS course in Government Medical College, Srinagar for the academic sessions 1994-95 on the strength of a reserved backward area certificate (RBA, for short) granted/issued in his favour by the respondent No.2 the then Tehsildar, Pulwama. It later surfaced that the RBA certificate issued in favour of respondent No. 5 was allegedly a piece of fraud, issued in violation of the rules and regulations. The matter attracted the attention of the Police Station, VOK where, after preliminary enquiry a case FIR No. 17/1998 was registered. The investigation allegedly revealed that the respondent No. 5-beneficiary of alleged fraud, was actually a permanent resident of Village Pinglena Tehsil Pulwama and a neighbor of Shri Mohammad Akbar Hajam, the then Deputy Commissioner, Pulwama and was fraudulently shown to have been the resident of villag


















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