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 is being stated that the said sale deed after being registered came to be challenged before a Civil Court by one of the tenants who claimed title over the said property.

It is being stated that the trust owns a building situated at Gurdwara Sunder Singh Road, Jammu and that the said property was sealed by Deputy Commissioner, Jammu in the year 2005 and that a reference was made to District Judge, Jammu for declaring the said property as a government property since the owner of the said property had died without leaving any heir. The said reference is stated to have been rejected by the District Judge vide order dated 17th September, 2005 upon production of the will by the petitioner.

It is being stated that for achieving the goals defined in the will, the petitioner sold a part of land situated at Bishnah in terms of sale deed dated 08-12-2005 and the same became subject matter of a civil suit whereafter the petitioner decided not to sell any property of the trust till the disputes are settled.

It is being stated that the petitioner surprisingly received a questionnaire from respondent No. 2dated 27th June, 2018 referring therein holding of an inquiry in respect of the will deed executed by the above named deceased Himnishwar Gupta. The questionnaire is stated to have been containing baseless allegations against the petitioner.

It is being stated that the said questionnaire came to be responded to by the petitioner by submitting a detailed reply on 30th July, 2018 along with the copy of will deed, bank account, order of the District Judge, Jammu dated 17-09-2005, answering all the questions of the questionnaire and denying allegations leveled therein.

It is being stated that the said inquiry contemplated in the matter came to be closed by the respondent No. 2 as no case was made out against the petitioner.

It is being stated that after two years of closure of the enquiry undertaken by the Crime Branch, the respondents lodged the FIR in question against the petitioner which is being impugned in the instant petition.

3. The impugned FIR is being challenged on the following grounds: -

i. That the impugned FIR glistered by the Respondent No. 3 against the petitioner is totally illegal, arbitrary contrary to the provisions of law, therefore, the same deserves to be quashed.

ii. That from the allegations as have been alleged against the petitioner, in the impugned FIR, no offence much less the offences punishable under Section 420, 406 RPC and Section 5 (2) of Prevention of Corruption is made out against the petitioner. The petitioner has been wrongly and falsely implicated in the FIR on the basis of the pressure of the Respondent No. 4. On this ground also the impugned FIR deserves to be quashed.

iii. That the Respondent No. 1 who closed the preliminary