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2024 Supreme(J&K) 305

IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
SANJAY DHAR,
ABDUL HAMID DAR – Appellant
Versus
STATE OF J&K – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. S. A. Makroo, Sr. Advocate, with Mr. Rahil Noor, Advocate & Ms. Naziya Janwari, Advocate
For the Respondent: Mr. Faheem Nisar Shah, GA, vice Mr. Mohsin S. Qadiri, Sr. AAG. Zahoor Ahmad, Dy. SP Crime Branch, Srinagar.

JUDGMENT :

1) The petitioner has challenged FIR No.08/2018 for offences under Section 409, 420, 120-B RPC read with Section 5(2) of J&K PC Act registered with Police Station, Crime Branch, Kashmir.

2) The facts leading to the registration of the impugned FIR are that a communication bearing No.DATK/Try-1/11330-32 dated 29.12.2017 was addressed by Director, Accounts & Treasuries, Finance Department, Srinagar, Kashmir, to respondent Crime Branch, Kashmir, alleging therein that the inspection party deputed to conduct special audit of pension payment of Sub Treasury, Trehgam, for the period 01.04.2017 to 31.11.2017 has, prima facie, established misappropriation/embezzlement of Government money to the tune of Rs.86,48,900/ and that the commission of crime stands admitted by the petitioner who was posted as Treasury Officer, Trehgam. It is further recorded in the said communication that the petitioner has deposited the amount in the Treasury vide TR No.01 and 02 dated 07.12.2017. It is also stated in the said communication that the inspection party also observed double drawl/payment of Rs.34136/ made by the petitioner in favour of a pensioner, namely, Showkat Ali Wani, bearing PPO No.22175

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