The Bold Voice of J&K

HC dismisses petition seeking quashment of FIR in corruption case

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SRINAGAR: Justice Wasim Sadiq Nargal, Judge Jammu & Kashmir and Ladakh has dismissed the petition seeking quashment of FIR 16/2023 registered with Police Station Anti Corruption Bureau Srinagar under Section 7 and 7A of the Prevention of Corruption Act 1988. According to the case one Altaf Hamza Mir the driver of a vehicle loaded with FCI Rice from Gurdaspur reached Chandpora Budgam Godown for unloading. While unloading this vehicle the petitioner Sheikh Abdul Majeed and petitioner Tajamul Hassan Shah allegedly demanded a bribe of Rs 3,500 and the said amount was recovered in trap proceedings. Both the accused were booked under the FIR 16/2023 and arrested. Counsel for the petitioners Syed Faisal Qadri, Sr Advocate submitted that for invoking any provision of Prevention of Corruption Act 1988, the essential condition for that is that there has to be ‘Public Servant’ against whom the Act would be applied. Since the petitioners are neither the public servants nor would fall under any of the category of discharging any function as Public Authority as such under no circumstances, the petitioners can be brought within the ambit of the Act of 1988. Counsel further said that petitioner No 1 is a private lesser who had leased the Godown to FCI and petitioner No 2 is his servant of petitioner No 1 and are private individuals.
Counsel for the respondents Mohsin Qadri Sr AAG said that the case of petitioner No 1 falls within the ambit of ‘Public Duty’ as defined in Section 2(b) of the PC Act as a duty in the discharge of which the State, the public or the community at large has an interest.’ The Justice after hearing the counsels of both the parties and also going into the details of the case, held that both the petitioners fall within the ambit of public servant as defined under section 2© of the Act. Thus the court held the petitioners as public servants performing public duty and could be proceeded against in terms of the said Act. The Justice further said that in the light of the discussions made herein above, the instant petition which has been filed under Section 482 of Cr PC seeking quashment of FIR No 16/2023 dated 18-8-2023 under section 7 and 7 A of PC Act 1988, does not merit any consideration and the same is accordingly dismissed.

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