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2023 Supreme(J&K) 527

MOHAN LAL
Gian Chand Khajuria, S/o. Puran Chand Khajuria – Appellant
Versus
State of Jammu and Kashmir through Police Station Vigilance Organization Jammu – Respondent


Advocates Appeared:
For the Petitioner:Sh. Rahul Pant, Sr. Advocate with Ms. Palak Sharma.
For the Respondent: Mrs. Monika Kohli, Sr. AAG.

JUDGMENT :

1. Petitioner by the medium of instant petition filed under section 561-A [now Section 482 Cr.PC] of Code of Criminal Procedure (hereinafter referred as to the "Code") has sought the quashment of FIR No. 28 of 2017 registered with Police Station Vigilance Organization Jammu against him for commission of offences punishable under Sections 5(1)(c)(d) r/w Section 5(2) of the Jammu and Kashmir Prevention of Corruption Act Svt 2006 r/w Sections 420, 120-B RPC, on the following grounds:-

    (i) that the petitioner is an employee of Food, Civil Supplies and Consumer Affairs Department Government of Jammu & Kashmir and was promoted against the post of Sr. Assistant in the year 2012, whereafter, he was made I/C Tehsil Supply Officer (TSO) discharging his duties in his own pay and grade;

(ii) that during the period w.e.f. 11.05.2013 to 12.02.2014 (for total period of 9 months) petitioner remained posted as I/C Tehsil Supply Officer (TSO) Hiranagar in terms of order No.86 DCAPDJ of 2013 dated 11.05.2013, whereafter, he was transferred out of Hiranagar by virtue of order No.58-DCAPDJ of 2013 dated 13.02.2014 issued by Director of Consumer Safaris and Public Distribution Jammu;

(iii) that t

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