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HIGH COURT OF JAMMU AND KASHMIR
ABDUL MAJID BHAT – Appellant
Versus
COMMISSIONER SECRETARY AND ORS. (GAD) – Respondent
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
CRMC No. 323/2018
Reserved on: 20.12.2025
Pronounced on : 29.12.2025
Uploaded on: 29.12.2025
Whether the operative part or
full judgment is pronounced: “FULL”
Abdul Majid Bhat ...Applicant(s)/Petitioner(s)
S/o Khazir Mohammad Bhat
R/o Chursoo, Awantipora
A/p Bagh-e-Mehtab, Srinagar
Through: - Ms. Sharaf Wani, Advocate with
Mr. Ahmad Basaud, Advocate
v/s
1. Commissioner/Secretary to Government, ...Respondent(s)
General Administration
The court affirmed that, under the Prevention of Corruption Act, assets of family members may be considered when determining disproportionate wealth, and political motivations are insufficient to qua....
Preliminary enquiry is not mandatory before FIR registration under the Prevention of Corruption Act; a prima facie case allows for investigation without prior inquiry.
The necessity of conducting a preliminary enquiry in cases of alleged corruption involving disproportionate assets, and the requirement of registering an FIR based on existing legal provisions.
The power to quash a criminal proceeding should be exercised sparingly and with caution, and there must be factual supporting material in the FIR to fasten the accused with criminal liability.
The power to quash a complaint/FIR under Section 482 of the Cr.P.C. should be exercised sparingly and is an exception rather than an ordinary rule.
(1) Preliminary inquiry or probe becomes indispensable in a complaint of acquisition of disproportionate assets not only to safeguard interest of accused public servant, if such complaint were lodged....
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