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2024 Supreme(J&K) 102

SANJAY DHAR
Kamal Nain Singh – Appellant
Versus
State of J&K – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Rahul Pant, Sr. Adv. with Mr. Dhruv Pant, Adv.
For the Respondent: Ms. Monika Kohli, Sr. AAG

JUDGMENT :

1. The petitioner has invoked jurisdiction of this Court under Section 482 Cr.P.C. by filing two separate petitions. By virtue of CRMC No. 107/2014, the petitioner has challenged order dated 13.03.2014 passed by the Judicial Magistrate 1st Class (Forest Magistrate) Jammu, whereby on a compliant filed by the private respondent, directions have been issued for registration of FIR in light of the guidelines issued by the Supreme Court in Lalita Kumari vs State of Utter Pradesh, (2014) 2 SCC 1 as also the FIR bearing No. 6/2014 for offences under Sections 420, 465, 467, 468, 471 and 120-B RPC read with Section 5(2) of J&K Prevention of Corruption Act registered pursuant to the aforesaid order. By virtue of CRM(M) No. 712/2022, the petitioner has challenged order dated 11.03.2014 passed by Judicial Magistrate 1st Class (Forest Magistrate), Jammu in the aforesaid complaint filed by the private respondent, whereby the learned Magistrate has treated the report submitted by the Crime Branch Jammu pursuant to order dated 21.09.2013 of the said Magistrate as one under Section 156(3) of the Code of Criminal Procedure (for short the Code).

2. The facts emanating from the pleadings of t

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