JUDGMENT :

1. The instant petition has been filed under the provisions of Section 482 CrPC, seeking quashment of FIR No.16/2023 (for short ‘the impugned order’) dated 18.08.2023, registered with Police Station Anti Corruption Bureau Srinagar under Section 7 and 7A of the Prevention of Corruption Act 1988 (for short ‘the Act’), and accordingly, petitioners are invoking the jurisdiction vested in this Court under Section 482 CrPC primarily on the ground that the impugned FIR has been registered by the respondents without having jurisdiction and therefore it amounts to an abuse of the process of law.

FACTS OF THE CASE:

2. Briefly stated facts of the instant case are that the petitioner No.1 is the sole proprietor of the proprietorship concern under the name and style “Sheikh Suppliers and Contractors” located at Chandpora Budgam, which Firm is registered with the Jammu and Kashmir Works Department. As such, the said petitioner No.1 is a private individual and is not a ‘public servant’ as provided under Section 2 (c) of the Prevention of Corruption Act 1988. So far as petitioner No.2 is concerned, he is the employee of petitioner No.1 and works as Office Boy in the said Firm, as such, pe