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2022 Supreme(Online)(J&K) 31

HIGH COURT OF JAMMU AND KASHMIR - SRINAGAR WING
ANIS AHMAD CHOWDHARY – Appellant
Versus
STATE OF J AND K AND ORS. (GAD) – Respondent


Advocates:
['HAKIM SUHAIL ISHTIAQ', '', 'SALIH PIRZADA', 'M A RATHORE', '', 'ASIFA PADROO']

JUDGMENT

1) By this common judgment, above titled three petitions filed under Section 561-A of the J&K Cr. P. C, which is in pari materia with Section 482 of the Central Cr. P. C, are proposed to be disposed of.

2) Vide CRMC No.167/2018, the petitioner has challenged FIR No.09/2018. Vide CRMC No.168/2018, the petitioner has challenged FIR No.10/2018 and vide CRMC No.169/2018, the petitioner has challenged FIR No.07/2018. All these FIRs have been registered for offences under Section 5(2) of J&K Prevention of Corruption Act (hereinafter referred to as the J&K PC Act) and Section 120-B RPC at Police Station Vigilance Organization, Kashmir (now ACB).

3) As per all the three impugned FIRs, in a joint surprise check conducted by Vigilance Organization, Kashmir, it was found that Municipal Committee, Ganderbal, is engaged in malpractices, inasmuch as it is allowing construction of huge structures on roads against hefty payments. It was revealed during joint surprise check, that huge multi-storeyed buildings/column structures have illegally been erected adjacent to the new hospital road, Check Duderhama Ganderbal opposite newly constructed hospital building. In FIR No.09/2018, it is alleged

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