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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU …

Case No: CRM(M) No. 198/2025 CrlM No.392/2025 c/w CRM(M) No. 1129/2025 CrlM No. 2095/2025 Reserved on : 21.10.2026 Pronounced on :05.11.2026 Uploaded on: 06.11.2026 Mohd. Ashraf Beigh c/w Imran Beigh and another ….Petitioner(s)….

Through: Mr. P.N.Raina, Sr. Advocate with Ms. Deeksha Handoo, Advocate, Mr. Sandeep Gupta, Advocate, Mr. Zulker Nain Sheikh, Advocate.

v/s UT of J&K and others …..Respondent(s)

Through: Ms. Monika Kohli, Sr. AAG Mr. Malvika Gupta, Advocate Mr. Farhan Mirza, Advocate Mr. Vastav Sharma, Advocate.

CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE

JUDGMENT

1. Through the medium of the present judgment, the afore-

titled two petitions under Section 528 of the BNSS, challenging FIR No. 51/2022 for offences punishable under Sections 379, 419, 420, 465, 467, 468, 471 and 120-B of the IPC, registered with Police Station, Crime Branch, Economic Offences Wing, Jammu, and the charge sheet arising therefrom, are proposed to be disposed of.

2. CRM(M) No.1129/2025 has been filed by petitioners Imran Beigh and Abid Beigh whereas CRM(M) No.198/2025 has been filed by petitioner Mohd. Ashraf Beigh. The impugned FIR has been lodged at the behest of respondent-Waseem Wani. It is pertinent to mention here that initially, the petitioners challenged the aforesaid FIR, but during the pendency of these petitions, respondent-Investigating Agency completed investigation of the FIR and filed the challan against the petitioners before the concerned court.

3. As per the prosecution case, a written complaint was lodged by complainant-Waseem Wani with the Investigating Agency. After conducting preliminary verification of the allegations made in the complaint, the impugned FIR came to be registered against the petitioners. A Special Investigating Team (SIT) was constituted, and the investigation of the case was entrusted to an officer of the rank of Deputy Superintendent of Police (Dy. SP). During the course of investigation of the case, the relevant documents were seized and the statements of the witnesses were recorded.

4. The facts that came to the fore after the investigation of the case are that, in May 2020, petitioner Imran Beigh, who happens to be the Managing Director of M/s Beigh Construction Company Pvt. Ltd., (for short, “M/s BCC Pvt. Ltd.”) approached Ghulam Rasool Wani, father of the complainant, and offered to sublet the railway contract for the construction of an underground railway excavation tunnel (T-77D) using a roadheader at Banihal on certain terms and conditions. The said work was allotted to M/s BCC Pvt. Ltd. by M/s IRCON International Pvt. Ltd. It is alleged that M/s IRCON International Pvt. Ltd. had not authorized M/s BCC Pvt. Ltd. to sublet the said contract without obtaining prior written consent from the principal. However, despite this condition, petitioner Imran Beigh issued a work order in the name of Ghulam Rasool Wani for the execution of the said project on 20.08.2020. An agreement dated 20.12.2020 was executed between Ghulam Rasool Wani and petitioner Imran Beigh, with retrospective effect from 27.09.2020, for execution of the project. In terms of the said agreement, a bank guarantee for an amount of rupees one crore was obtained by petitioner Imran Beigh from Ghulam Rasool Wani. In this regard, the amount was transferred from the account of Ghulam Rasool Wani to the account of M/s BCC Pvt. Ltd., and a certain portion of the bank guarantee amount was paid in cash.

5. It is further case of the prosecution that execution of the work allotted commenced on 27.09.2020 and continued up to 05.03.2021, during which period, Ghulam Rasool Wani executed works amounting to Rs. 3.78 crores, and the bills were submitted to M/s IRCON International Pvt. Ltd. through Project Manager of M/s BCC Pvt. Ltd. However, the entire amount of the bills released by M/s IRCON International Pvt. Ltd. against the work executed was credited to the ac