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2024 Supreme(J&K) 160

WASIM SADIQ NARGAL
Kewal Krishan, S/o. Late Sh. Tabu Ram – Appellant
Versus
Union Territory of J&K, Th. Senior Superintendent of Police, Police Station Vigilance Organization Jammu – Respondent


Advocates Appeared:
For the Petitioner:Mr. P.N. Raina Sr. Advocate with Mr. J.A. Hamal.
For the Respondent: Mrs. Monika Kohli, Sr. AAG.

Table of Content
1. overview of fir and allegations (Para 1 , 2 , 3 , 4)
2. petitioner's arguments against orders (Para 5 , 6 , 7 , 8 , 9)
3. respondent's arguments on evidence (Para 11 , 12 , 13 , 14 , 15)
4. court's jurisdiction on investigation (Para 19 , 20 , 21 , 22 , 23 , 24 , 29 , 30 , 31)
5. conclusion on investigation orders (Para 46 , 67 , 68 , 69)

JUDGMENT :

1. The instant writ petition has been filed on behalf of the petitioners under Section 482 of the Code of Criminal Procedure, 1973 praying for the following reliefs:-

    (a) Quashing of order dated 30.01.2023, as passed by Ld. Special Judge Anti-corruption, Doda in File No.01/2022, whereby Ld. Court has declined to accept the closure report filed by the respondent in FIR No. 07/2013 and ordered further investigation;

    (b) Quashing of FIR No.07/2013 registered against the petitioners under sections 5(1)(d) r/w 5(2) of J&K Prevention of Corruption Act, 2006 and 120-B RPC;

    (c) Quashing of order dated 31.12.2018, as passed by Ld. Special Judge Anti-corruption, Doda in File No.04/Ikhtami, whereby Ld. Court has declined to accept the closure report filed by respondent in FIR No.07/2013 and ordered re-investigation;

2. With a view to ap

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