JUDGMENT :

Rajnesh Oswal, J.-The petitioners in these petitions have impugned the same FIR bearing No. 78/2005 dated 11.11.2005 registered with Police Station, Mandi, District Poonch for commission of offences under sections 467, 468, 420, 471 and 120-B RPC as such, both the petitions are taken up together.

2. The petitioner-Manzoor Hussain in CRMC No. 208/2016 was working in the Education Department and superannuated in the year, 2004. In the year, 2000 when the petitioner was posted as Incharge ZEO, Mandi, the Government launched a scheme commonly known as Rehbar-e-Taleem (ReT) scheme. The aim and object of the said scheme was to provide education by engaging community member called as ReT. The ReT was to be selected and engaged by a duly constituted Village Education Committee (VEC) comprising of prominent citizens of the locality headed by the ZEO. The ReT was to be engaged only after the VEC scrutinized the credentials of the applicant & made recommendations to the Deputy Commissioner. After approval accorded by the Deputy Commissioner, the formal engagement order was to be issued by the ZEO. As far as the Village, Sawjian is concerned, that falls in Zone Mandi, a panel of eligible candidates was prepared by the VEC where after the names of the meritorious candidates fully eligible in all respects were recommended before the Deputy Commissioner Poonch, who was Chairman of the selection committee at the relevant point of time and after the approval by the Deputy Commissioner Poonch, the petitioner who was ZEO Mandi in the year, 2000 issued formal order in favour of the candidates so approved by the Deputy Commissioner Poonch.

3. That in the year, 2005, one Riaz Ahmed initiated criminal proceedings against the engagement of one Farooq Ahmed who was engaged as ReT in the year, 2000 that resulted in registration of FIR bearing No. 78/2005 in Police Station, Mandhi (for short the FIR impugned) for commission of offences under sections 420, 467, 468, 471 and 120-B RPC against the persons excluding the petitioner.

4. It is further submitted that for the last more than 10 years, the petitioner was never served with any notice or summon by the Investigating Agency in the aforesaid FIR and neither he was aware of the status of any such investigation. It was only a few days back when the police officials of Police Station, Mandi started visiting the residence of petitioner and extended threats of involving the petitioner in the aforesaid FIR and the petitioner came to know that the aforesaid FIR was initially closed by the Police as not proved and final report was submitted before the Chief Judicial Magistrate, Poonch. That once the final report was submitted before the competent court then the petitioner was not aware on whose directions, fresh process was started in the same FIR. It is further submitted that the Reyaz Ahmed who was the candidate in the wait list, even filed a writ petition against the selection of Farooq Ahmed, that was dismissed by this Court and LPA was also dismissed. The FIR has been impugned on the following grounds:

(a) That the name of the petitioner does not figure in the FIR.

(b) That the cause of action alleged to have been accrued in the year, 2000 and the FIR impugned came to be registered after lapse of more than five years

(c) That the petitioner cannot be put to harassment in the garb of so called investigation that is pending investigation for more than 10 years and the delay in investigation is sufficient for quashing the FIR.

(d) that the petitioner at the relevant point of time acted like a prudent man and the documents produced by the concerned candidates prima facie appeared to be genuine subject to the verification made by the independent agency.

5. Response stands filed by the respondents in which it is stated that on 10.01.2005 complainant, namely, Rayaz Ahmed S/o Abdul Hamid Caste Banday R/o Sawajian Tehsil Mandi produced a written complaint duly endorsed by Senior Superintendent of Police