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2017 Supreme(J&K) 244

SANJAY KUMAR GUPTA
Rohit Gupta – Appellant
Versus
State – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Abhinav Sharma
For the Respondent: Mr. S.S Nanda

JUDGMENT :

1. Mr. Abhinav Sharma, learned counsel appearing for the petitioner has stated that FIR No.47 of 2012 u/s 452/323/RPC and 3/25 Arms Act was registered on 26th of May, 2012 but the petitioner was taken into custody on 25th of May, 2012. In support of his arguments, he has relied upon the bail application filed by the petitioner on 26.5.2013 before the Court of learned Chief Judicial Magistrate, Jammu, wherein it has been categorically stated that petitioner was taken into custody on 25th of May, 2012; police report filed by the concerned police before the Court of learned Chief Judicial Magistrate, Jammu also clearly reveals that date of occurrence is 26th of May, 2012 at about 10.12 p.m. It has further been stated that a false and frivolous case was registered on behest of respondent no.1 (Dy.S.P/SDPO) of concern of area, because he was I/O in case FIR No. 27/1997 u/s 5(2) of Prevention of corruption Act lodged against the father of petitioner Hem Raj; and that case was dismissed by court of special judge Anticorruption court, Jammu on 17.9.2010 and father of petitioner has filed a defamation against respondent no.4. In this way case petitioner has falsely been implicated














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