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2022 Supreme(J&K) 177

Sanjay Kumar Srivastava – Appellant
Versus
Central Bureau of Investigation – Respondent


Advocates:
Appearing Counsel:
For the Petitioner(s):Mr. Syed Faisal Qadiri, Sr. Advocate with Ms. Iqra Khalid, Advocate.
For the Respondent(s): Mr. T.M. Shamsi, ASGI

Judgment :

The petitioners have invoked the jurisdiction of this Court under Section 482 of the Cr. P. C thereby challenging the proceedings initiated by Chief Judicial Magistrate, Srinagar, in a challan arising out of FIR No.RC1232019A0003 for offences under Section 120-B read with 420 of RPC and Sections 4-H, 5(1)(d) read with Section 5(2) of the J&K Prevention of Corruption Act (hereinafter referred to as the J&K PC Act). Challenge has also been thrown to order dated 27.11.2020 and order dated 25.09.2021 passed by Chief Judicial Magistrate, Srinagar, in the challan emanating out of the aforesaid FIR.

2. The facts leading to the filing of the instant petition are that the aforesaid FIR came to be registered by CBI/Anticorruption Bureau (ACB), Srinagar, on the basis of source information alleging therein that the petitioners, who happen to be the officers/officials of Srinagar Central Sub Division, Central Public Works Department, Srinagar, in connivance with accused Ghulam Mohi-ud-din Bhat of M/S Ghulam Mohi-ud-din Bhat & Sons (Govt. Contractor) and other unknown officials/private persons were involved in alleged irregularities i.e. use of sub-standard material resulting in poor wo

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