The main legal point established in the judgment is that the Crime Branch had jurisdiction to investigate cognizable offences committed by or relating to public servants, as per the provisions of SRO 202 of 1999.

SANJAY KUMAR GUPTA, J.

1. This is a petition filed by petitioner for quashing the FIR No. 11 of 2013 dated 11.5.2013 registered with Police Station Crime Branch, Jammu for offences u/s 420/465/467/468/ 471/120-B RPC read with Section 5(2) of Prevention of Corruption Act.

2. Facts giving rise in filing of the instant petition are stated that the forefathers of the petitioners have been residing in village Kote, Tehsil and District Jammu. The permanent resident certificate has been issued on 03.09.1958 in favour of Shani Devi, who is grandmother of the petitioners. Grandfather of the petitioners namely Jagat Singh in the year 1924 i.e. prior to the partition, has taken a loan of Rs. 20/- from the money lender- Niku Mahajan. It is shown in the Nakal Fahrist which has been issued by the revenue official pertaining to the Mardam Shumari and Maal Shumari of Village Kote, Tehsil & District Jammu i.e. also known as Bandobasti for the year 1979-80 Bk. i.e. 1924 that the grandfather of the petitioners has taken Rs. 20/- from a person named Niku Mahajan who was residing at the relevant time at Village Kote, Tehsil & District, Jammu. Nakal Bandobasti speaks that the petitioners’ grandfather in the year 1924 was residing in Village Kote, Tehsil & District Jammu. The Permanent Resident Certificate was issued by the competent officer in favour of the father of the petitioners in the year 1964 after conducting the detailed enquiry. The petitioners forefathers being the residents of Village Kote, the petitioners are also the permanent residents of the State of Jammu & Kashmir and the petitioners have annexed certain documents with the petition.

3. It is further contended in the petition that a person, who is having inimical terms with the petitioners, particularly petitioner No. 2 as the petitioner No. 2 was elected as Sarpanch of Panchayat Halqa Kote, filed a frivolous complaint against the petitioners and also other family members that the petitioners have somehow managed to get fake permanent resident certificates. The Police Station Crime Branch Jammu on the basis of said compliant registered First Information Number (FIR) No. 11 of 2013 dated 11.05.2013 in Police Station Crime Branch, Jammu for the offences punishable under Sections 420, 465, 467, 468, 471, 120-B R.P.C. read with Sections 5/2 P.C. Act. The petitioners challenge the said FIR No. 11 of 2013 dated 11.05.2013 inter-alia, on the grounds that:

(a) As per the mandate of Section 7 of the Grant of Permanent Resident Certificate (Procedure) Act if any person for the purpose of procuring anything under this act i.e. Grant of Permanent Resident Certificate (Procedure) Act makes any representation which is false in material particulars, the said person shall be punished with the imprisonment of six months or with fine or with both. It is submitted that the petitioners have not got Permanent Resident Certificate from the competent officer by representation of false material but has been obtained by the petitioners on the basis of Permanent Resident Certificate issued in favour of their father in whose favour it was issued after a detailed inquiry and on the basis of record which shows that the forefathers of the petitioners have been residing in Village Kote, Tehsil & District Jammu. Moreover, if it is revealed that the petitioners have got Permanent Resident Certificate issued on the basis of false material, the petitioners can be punished with imprisonment for a term which may extend to six months as the punishment envisages under Section 7 of the Grant of Permanent Resident Certificate (Procedure) Act but in no circumstances FIR in offences under Sections 420, 465, 467, 468, 471, 120-B R.P.C. read with Section 5/2 of the P.C. Act can be registered against the petitioners.

(b) That as per section 6 of the Grant of Permanent Resident Certificate (Procedure) Act if a permanent resident certificate is wrongly issued in favour of any person, the Government by its own or on the motio