Anil John vs Union Territory Of J&K And Others
2022 Latest Caselaw 232 j&K

                                                                   Sr. No. 05

               HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                             AT JAMMU

                                                 CRM(M) No.89/2022
                                                 CrlM No.222/2022


Anil John                                           ....Petitioner(s)/Appellant(s)

                 Through :- Mr. Nirmal Kotwal, Advocate.
         V/s
Union Territory of J&K and others                              ....Respondent(s)

                 Through :-
Coram: HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE

                                     ORDER

21.02.2022

1. The petitioner has challenged FIR No.16/2017 for offences under Section

5 (1)(d) read with Section 5(2) of the J and K Prevention of Corruption Act and

Section 120-B RPC.

2. Learned counsel for the petitioner has contended that the alleged act

pertains to the year 2008 and the preliminary verification was initiated by the

respondents in the year 2009 which continued for next eight years and ultimately

in the year 2017, the impugned FIR came to be registered without there being

any material against the petitioner. It is contended that an accused has not only a

right to speedy trial but he is also vested with right to speedy investigation. In

this regard he has referred to and relied upon the judgment of Supreme Court in

case title Pankaj Kumar vs. State of Maharashtra and others, AIR 2008 SC

3077. On this ground the learned counsel has urged that the impugned FIR

deserves to be quashed.

3. Having heard learned counsel for the petitioners and having perused the

material available on record, a case for grant of interim indulgence is made out.

4. Issue notice to the respondents. Notice be sent to respondents through Mr.

Raman Shrama, learned AAG. Learned counsel for the petitioner shall provide a

copy of the petition to Mr. Raman Sharma, learned AAG who shall file latest

status report by or before the next date of hearing.

5. List on 19.05.2022.

6. In the meantime, till next date of hearing, if the respondents intend to file

any challan against the petitioner, the same shall not be done without permission

of the Court.

(Sanjay Dhar) Judge Jammu:

21.02.2022 Surinder

SURINDER KUMAR 2022.02.22 10:08 I attest to the accuracy and integrity of this document