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2021 Supreme(J&K) 182

RAJNESH OSWAL
Sheikh Nasser Ahmed – Appellant
Versus
State of J&K – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Ajay K. Gandotra, Advocate, Ms. Sugandha Sawhney, Advocate
For the Respondent:Mr. Aseem Sawhney, AAG, Mr. L. K. Sharma, Sr. Advocate with Mr. Mohit Kumar, Advocate

JUDGMENT :

1. The present petition has been filed seeking quashing of the criminal challan No. 71/2012, titled, State vs. Sheikh Nissar Ahmed arising of FIR bearing No. 15/2012 of Police Station, Gangyal for commission of offences under sections 448 and 427 RPC pending before the learned JMIC (Munsiff), Jammu and the criminal proceedings pursuant thereof.

2. The petitioner has sought the quashing of the criminal proceedings on the following grounds :

    (i) That there are glaring contradictions in the prosecution case and the Investigating Officer did not bother to associate the petitioner during the investigation of the FIR so as to ascertain the correct facts particularly in view of the fact that the petitioner was performing his official duties in the J&K Bank Branch, Rangreth on 04.02.2012 and the office timing was 9.30 AM to 2.00 PM and the petitioner on the said date has passed the payments by remaining present in the branch, as would be evident from the attested copies of Folio No. 22 of the attendance register of the employees of said Bank Branch.

(ii) That the respondent No. 3 through the medium of these criminal proceedings has tried to veil the civil suit with criminal nature a

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