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2024 Supreme(J&K) 35

VINOD CHATTERJI KOUL
Pawan Shastri, S/o. Late Sh. Baldev Dass – Appellant
Versus
UT of J&K through Senior Superintendent of Police, Anticorruption Bureau, Jammu – Respondent


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

Table of Content
1. grounds for quashing fir and investigation (Para 1 , 3)
2. arguments regarding misreading of law and jurisdiction (Para 4 , 9)
3. responses to the fir and roles of officials (Para 5 , 12)
4. court affirms the importance of proper fir grounds. (Para 6 , 8)
5. procedural considerations in criminal investigation (Para 10 , 13)
6. investigative findings deemed insufficient for charges. (Para 33)
7. court orders closure, emphasizing adherence to legal principles. (Para 41)
8. conclusion and order quashing proceedings (Para 44 , 45)

JUDGMENT :

1. Through the medium of this petition preferred under Section 482 of the Code of Criminal Procedure, petitioners seek quashment of Order dated 23rd October 2019, passed by Special Judge (Anticorruption,) Jammu, for short “court below”, in File no.03/2019/Ikhtami in FIR no.09/2014, on the grounds made mention of therein. They also pray to declare FIR no.09/2014 police station VOJ (now Anticorruption Bureau) Jammu as illegal and abuse of powers of investigation since neither respondent no.2 could be accepted to be a person competent or aggrieved of lodging complaint nor could such a complaint after a delay of more than 18 years have been e

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