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WASIM SADIQ NARGAL
Sheikh Abdul Majeed, S/o. Late Ghula Ahmad Sheikh Mohammad – Appellant
Versus
Union Territory of J. &K. Through Senior Superintendent of Police, Police Station Anti Corruption Bureau – Respondent
| Table of Content |
|---|
| 1. fir validity and grounds for jurisdiction under prevention of corruption act. (Para 1 , 8 , 23) |
| 2. allegations of bribery and definitions of public servant. (Para 2 , 4 , 18) |
| 3. legal implications regarding arrest and accountability in public service. (Para 5 , 11 , 34) |
| 4. impact of the lease agreement on public duty designation. (Para 6 , 7 , 28) |
| 5. conclusion on the legitimacy of fir under investigation. (Para 90 , 91) |
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 nam
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