Judgment

Rajnesh Oswal, J.-The present petition has been filed by the petitioner for quashing of proceedings under file No. 250/B titled State v. Dr. Syed Sajad Nazir arising out of FIR No. 71/2013 u/s 420R.P.C of Police Station Karan Nagar, Srinagar, pending before the court of Special Mobile Magistrate, Passenger Tax Electricity, Srinagar on the following grounds:-

a. That the learned Magistrate has taken cognizance of the offences under the impugned FIR in derogation to the bar contained in Section 197 Cr.P.C.

b. That no offence is made out from the contents of the complaint much less the offence of 420 RPC, as none of the ingredients of the offence are made out from the contents of the report or any other material brought on record. There is no element of deception, wrongful loss made out from the contents of FIR to make out a case for cheating.

c. That the petitioner has been put to severe harassment because of the commencement of the prosecution in absence of sanction from the administrative authority as the prosecution has been launched on mere trivialities which cannot be countenanced under criminal law. Mere taunt or expression of anger does not become reprehensible.

2. Mr