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2018 Supreme(J&K) 656

SANJAY KUMAR GUPTA
Ram Prashad – Appellant
Versus
State of J&K – Respondent


Advocates Appeared:
For the Petitioner:Mr. Rajnesh Singh Parihar, Advocate

JUDGMENT :

1. Through the medium of instant petition, the petitioner seeks quashing of FIR No.68/2016 under Section 287, 336 and 358 RPC, registered against the petitioner at Police Station Khour, Aknoor.

2. The factual matrix of the case is that the petitioner is a Government employee of J&K Police Department and at present is working on the post of Selection Grade Constable. In the month of April, 2016, the petitioner was deployed as Personal Security Officer (hereinafter referred to as “PSO”) by SSP Security, Central Pool, Jammu, with one political PDP leader, namely Sh. Rajinder Singh, for his security and protection in view of threat to his life and his family members, who is presently holding the post of vice-president of PDP Youth, Jammu. It is stated that the petitioner is an innocent and is falsely implicated in a false and frivolous case registered at Police Station Khour, Akhnoor. The case FIR No.68/2016 came to be registered at Police Station Khour, Akhnoor, against the petitioner and the allegation, as alleged in the FIR against the petitioner is that on 03/08/2016, while the petitioner coming back from Pargwal in the vehicle with the said PDP leader with whom the petiti























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