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2021 Supreme(J&K) 505

JAVED IQBAL WANI
Ashok Vijay Gupta – Appellant
Versus
UT of J&K – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Sunil Sethi, Sr. Advocate with Ms. Rudra Sharma, Advocate
For the Respondent:Mr. Ravinder Gupta, AAG with Ms. Pallvi Sharma, Advocate

JUDGMENT :

Javed Iqbal Wani, J.-Inherent jurisdiction of this Court is being invoked by the petitioner in the instant petition seeking quashment of FIR No. 06/2021 dated 8th February, 2021 registered with Police Station Crime Branch, Jammu.

2. The facts under the shade and cover of which the instant petition has been filed by the petitioner are enumerated hereunder: -

    According to the petitioner, on 10th May, 1992, one Himnishwar Gupta S/o Late Rao Bahadur Brindaban executed a will-last testament appointing the petitioner as its executor. The said Himnishwar Gupta is stated to have passed away on 01-06-1992.

It is being stated that the will provided for creating of a trust authorizing the selling of the assets of the trust with a rider that the proceeds received there from be not utilized and be deposited in a bank account and that the interest accrued thereupon can be utilized.

It is being stated that the petitioner in exercise of his powers and being executor of the will of the testator, executed a sale deed in respect of a property of the trust and deposited the consideration of the same in the bank account of the trust in the year 2006, wherein the same is lying as on date.

It

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