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2022 Supreme(J&K) 219

SANJAY DHAR
Abdul Qayoom Dar – Appellant
Versus
State of J&K – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Salih Pirzada, Advocate with Ms. Sharaf Wani, Advocate
For the Respondent: Ms. Asifa Padroo, AAG

JUDGMENT :

1. The petitioner has challenged proceedings arising out of FIR No.28/209 for offences under Section 5(1)(d) read with Section 5(2) of the J&K Prevention of Corruption Act and Section 161 of RPC registered with Police Station, Vigilance Organization, Kashmir, that are pending before the Court of Special Judge, Anticorruption, Kashmir, Srinagar.

2. It appears that on 06.10.2009, a complaint was lodged by one Shri Wahid Jeelani Dar before Vigilance Organization, Kashmir, stating therein that he had approached the petitioner, who was posted as Patwari Halqa Kralpora at the relevant time, for obtaining a report regarding the land to be mortgaged to J&K Bank Branch Nowgam for the purpose of raising loan. It was further alleged in the complaint that the petitioner demanded a bribe of Rs.2000/ for furnishing the requisite report but the same was negotiated at an amount of Rs.1000/. On the basis of this complaint, the aforesaid FIR came to be registered and a trap was laid against the petitioner herein. During the trap proceedings, the petitioner was found to have demanded and accepted a bribe of Rs.1000/ from the complainant and after investigation of the case, offences under Se

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