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2020 Supreme(J&K) 404

RAJNESH OSWAL
Irshad Ahmad Famda – Appellant
Versus
Union Territory of J&K – Respondent


Advocates Appeared:
For the Petitioner(s):Mr. Shuja Ul Haq, Advocate
For the Respondent(s): Ms. Asifa Padroo, AAG

Judgment

Rajnesh Oswal, J.—Mr. Shuja-Ul-Haq, learned counsel for the petitioner at the very outset prayed that the present revision petition be treated as petition under section 482 Cr.P.C. Prayer is accepted. Ordered accordingly.

2. The instant petition has been filed by the petitioner assailing order dated 12.06.2020 passed by the Judicial Magistrate 1st Class (JMIC), Ganderbal by virtue of which the application seeking release of bank account No. 0678040100001164 in the J&K Bank Branch Office, Mansar, filed by the petitioner, has been rejected.

3. The brief facts those are necessary for adjudication of this petition are that the petitioner initially was not an accused in FIR No. 40/2019 dated 06.07.2019 under sections 420, 492, 506 and 120-B RPC lodged by one Shabir Ahmed Chopan (complainant) registered with Police Station, Kangan and during investigation, he was subsequently arrayed as accused. In the FIR (supra), the complainant had leveled allegations that he was duped of Rs 8,00,000/-. After the complicity of the petitioner was found during investigation, his account No. 0678040100001164 was frozen by respondent No. 2. The petitioner was initially admitted to bail on 09.08.2

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