Prem Nath vs State of Jammu & Kashmir

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(J&K) 573

SANJAY DHAR
Prem Nath – Appellant
Versus
State of Jammu & Kashmir – Respondent

Advocates appeared:
Mr. M.K.Bhardwaj Sr. Advocate with Mr. Gagan Kohli & Mr. C.S.Azad Advocates, for the Appellant; Mr. Raman Sharma AAG, for the Respondent

JUDGMENT

1. The petitioners have filed the instant writ petition challenging FIR No. 5 of 2010 for offences under Sections 120B, 167-a, 420-RPC read with Section 5(1)(d) and 5(2) of Jammu and Kashmir P.C. Act registered with Police Station, Vigilance Organization, Jammu.

2. As per contents of the impugned FIR, a Joint Surprise Check (JSC) was conducted by the Vigilance Organization into the allegations of construction of substandard overhead tank at Dok Paloura, Jammu during the period 2006 to 2009 which is stated to have collapsed in the month of June, 2009. According to the impugned FIR, during the Joint Surprise Check, it was found that the Chief Engineer, PHE Department, Jammu had allotted the work of construction of overhead tank at Dok Paloura, Jammu to Sh. Janak Raj Gupta contractor in the year 2004 at the estimated costs of 15.49 lacs. The work was started in the year 2006 and completed in the year 2009. The overhead tank in the process of its commissioning in the month of June, 2009 collapsed. It is alleged that the substandard material was used in the construction of overhead tank and the work was not executed as per the specifications mentioned in the allotment order which