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2021 Supreme(J&K) 166

SANJEEV KUMAR
Ghulam Qadir Bhat – Appellant
Versus
State of J&K – Respondent


Advocates Appeared:
For the Petitioner:Mr. F.A. Wani, Advocate.
For the Respondent:Mr. Mir Suhail, AAG, Mr. Mir Majid Bashir, Advocate.

JUDGMENT :

1. The petitioners are aggrieved of registration of FIR No.124/2019 under Section 420, 467, 468, 471, 120-B RPC in Police Station, Magam pursuant to the directions of the Judicial Magistrate 1st Class, Magam [“the Trial Magistrate”] dated 02.08.2019 and have invoked the inherent powers of this Court vested by Section 561-A Cr.P.C. for quashing the said order dated 02.08.2019 passed by the Trial Magistrate as also consequential FIR registered in Police Station, Magam.

2. Briefly stated, the facts as gatherable from the order of the Trial Magistrate dated 02.08.2019 are that the complainant-respondent No.2 herein visited the residence of petitioners in the month of December, 2018 for amicably resolving the marriage dispute between his sister and petitioner No.2. In token of having received back some gold items given to petitioner No.2 at the time of nikah ceremony, respondent No.2 executed a receipt in favour of the petitioners. The said receipt, as is alleged by respondent No.2, was forged by the petitioners and certain more items like “the attachie withall items” was inserted in the receipt by an act of forgery. For the criminal breach of trust and cheating done by the pet

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