Mohammad Muzaffer Hamdani vs State of Jammu and Kashmir

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2000 Supreme(Online)(J&K) 11

JAMMU AND KASHMIR HIGH COURT
, J
Mohammad Muzaffer Hamdani – Appellant
Versus
State of Jammu and Kashmir – Respondent

Table of Content
1. challenge against criminal prosecution based on procedural errors. (Para 1 , 2)
2. high court's inherent powers and limits on quashing cases. (Para 3 , 4 , 5)
3. prima facie evidence and procedural compliance in criminal allegations. (Para 6 , 7)
4. final ruling of appeal dismissal based on lack of merit. (Para 8)

1.This Letters Patent Appeal is directed against Judgment of single Judge dated June 3, 1999, whereby petition for quashing Government Order Nos. 11 - GR - Home (Vig) / 90 and 12 - GR - HOME (Vig) / 90, dated May 05, 1990, sanctioning prosecution of petitioners has been dismissed.

2. Briefly stated, Mohammad Muzaffer Hamdani was General Manager, Ghulam Mohammad Sofi, Manager and Mohammad Maqbool Hakim, Industrial Promotion Officer, DIC, Srinagar. They processed claims for refund of Central Sales Tax, ultimately sanctioned by District Development Commissioner, Srinagar. Petitioners submit that they did so in the discharge of their normal duties honestly and diligently, a fact substantiated by Committee appointed by District Development Commissioner to examine whether the claims for refund were justified. With this background, no offence has been committed by