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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT SRINAGAR

Reserved on: 02.08.2022

Pronounced on:17.08.2022

CRM(M) No.81/2021

c/w

CRM(M) No.247/2021

UMMAYA JAHANGIR & OTHERS

GHULAM MOHAMMAD LONE

... PETITIONER(S)

Through: -

Ms. Asma Rashid, Advocate.

Vs.

UNION TERRITORY OF J&K & OTHERS …RESPONDENT(S)

Through: -

Ms. Asif Padroo, AAG.

CORAM:

HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE

JUDGMENT

1)

The petitioners have, through the medium of afore-titled two

separate petitions, challenged FIR No.28/2018 for offences under

Section 5(1)(d) read with Section 5(2) of the J&K Prevention of

Corruption Act and Section 120-B of RPC registered with Police

Station, Vigilance Organization, Kashmir.

2)

In both the petitions, a common ground of challenge to the

impugned FIR has been raised by the petitioners. According to them,

the subject matter of the impugned FIR is the same which is the

subject matter of investigation of FIR No.19/2011 for offences under

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Section 420, 468, 471 and 120-B of RPC read with Section 5(2) of the

J&K Prevention of Corruption Act registered with Police Station,

Crime Branch, Kashmir. It is averred that FIR No.19/2011 was

registered on the basis of a complaint lodged by an NGO in respect of

the allegations that the officials of the Urban Local Bodies

Department have, by abusing and misusing their official position and

in violation of the norms, made appointments to various posts on the

basis of fake qualification and date of birth certificates. It is further

averred that as per the aforesaid FIR, promotion to various posts

without considering the merit and qualification etc. as also the

regularization of undeserving persons have been made in an illegal

manner. It is contended that pursuant to registration of the aforesaid

FIR, Crime Branch, Kashmir seized the entire record of the

appointments made, service books, personal files and original orders

of the appointment of employees and that the said record is still in

custody of the Crime Branch.

3)

According to the petitioners, the impugned FIR has been

registered by Police Station, Vigilance Organization, Kashmir, with

regard to the same allegations as are subject matter of investigation in

FIR No.19/2011 of Police Station, Crime Branch, Kashmir. It is

contended that it is impermissible in law to register a second FIR on

the same set of allegations as that of the first FIR and this fact has

been recognized by Senior Superintendent of Police, Vigilance

Organization, Kashmir, in his communication No.SSP-VOK-BKB-

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1242 dated 23.05.2017 addressed to Director, Vigilance, J&K. The

petitioners have relied upon the judgments of the Supreme Court in

the cases of T. T. Anthony vs. State of Kerala and others, (2001) 6

SCC 181, Amitbhai Anilchandra Shah vs. Central Bureau of

Investigation and another, (2013) 6 SCC 348, Anju Chaudhary vs.

State of Uttar Pradesh and another, (2013) 6 SCC 384 as also the

judgment of Gujarat High Court in the case of Navinkumar

Hargovindbhai Patel vs. State of Gujarat (Criminal Misc. Application

No.32470 of 2016 decided on 01.03.2017).

4)

The respondent Vigilance Organization has filed its response.

In its response, the Vigilance Organization has submitted that a

verification was conducted to enquire into the allegations that the then

Chief Executive Officer, Municipal Committee, Shopian, in

furtherance of a criminal conspiracy hatched with the officers/officials

of Municipal Committee, Shopian and with the beneficiaries, has

illegally, fraudulently and without any competence appointed four

undeserving blued eyed persons in the year 2009-2010. It is averred

that after conducting the verification, the role of the then President,

Municipal Committee, Shopian, Shri Majid Hassan Khan and the then

Executive Officer, Municipal Committee, Shopian, Mohammad

Ashraf Pandit (deceased) in making these illegal appointments came

to surfa