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2022 Supreme(J&K) 130

SANJAY DHAR
Nirbhay Trehan – Appellant
Versus
Vikas Kumar – Respondent


Advocates Appeared:
For the Petitioner:Mr. Mohsin Qadiri, Sr. Advocate with Mr. Firdous Wani, Advocate.
For the Respondent:Mr. Danish Majid and Mr. Bhat Shafi, Advocates.

JUDGMENT :

Sanjay Dhar, J.

The petitioners have challenged the complaint filed by the respondent-complainant against them for alleging commission of offences under Sections 420, 406 and 506 RPC which is stated to be pending before the court of learned Judicial Magistrate 1st class (2nd Additional Munsiff), Srinagar. The petitioners have also challenged order dated 18.09.2018 passed by the learned Magistrate whereby the learned Magistrate has observed that the offences under sections 420, 506 RPC are prima facie made out against the petitioners and issued process against them.

2. Before coming to the grounds of challenge urged in the petition, it would be apt to refer to the contents of the impugned complaint.

3. Respondent-complainant in his complaint has alleged that acting as an Engineer under the instructions of the petitioners, he placed orders for supply of building material including tin sheets, iron, cement, bajri, bricks, marbles, sand, costly stones and other allied costly materials with one Farooq Ahmad Kar. According to the respondent-complainant, the petitioners-accused had undertaken the work of the construction of godown of Food Corporation of India at Sangrama Tehsil

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