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2021 Supreme(J&K) 555

ALI MOHAMMAD MAGREY
Dara Singh – Appellant
Versus
State of J&K – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Asma Rashid
For the Respondent: B.A. Dar

JUDGMENT :

THROUGH VIRTUAL MODE

1. Through the medium of the instant Petition, the Petitioner is seeking quashing of FIR bearing No. 58/2017, registered in Police Station, Maisuma, Srinagar, under Sections 420 and 467 of the erstwhile Ranbir Penal Code (RPC), inter alia, on the grounds detailed out herein-below:

    "I. That the petitioner during the preliminary inquest proceedings, informed the department that there is no such dispute existing at all between him and the Bank and even if there was any, having regard to the fact that the Bank has accepted one time payment of loan liquidation towards car loan and has issued the NOC, as such, the petitioner was reinstated into service and is presently working in Railway Police. The FIR registered against the petitioner now after his retirement and liquidation of loan is liable to be quashed;

II. That the petitioner has not committed any offence and the allegation of production of fake/fictitious NOC gets absolved once the Bank has issued the NOC. There is no dispute now on account of obtaining loan from the Bank concerned and liquidating the loan advance. The Crime Branch has also clarified that since the petitioner has liquidated the loan in

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