BAL KRISHEN Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) The petitioner has challenged FIR No. 8 of 2021 dated 22.02.2021 registered with Police Station Anti-Corruption Bureau, Jammu for offences under Sections 5(l)(d) read with Section 5(2) J& K Prevention of Corruption Act, and Sectionl 20-B RPC.

(2.) It is the case of the petitioner that the contents of the impugned FIR do not disclose commission of any offence against the petitioner inasmuch as, there is no allegation of wrongful gain or wrongful loss having occurred to any of the persons. It is further contended that even if it is assumed that the petitioner has raised construction in violation of the approved building plan, the same has been done by petitioner under the umbrella of various Court orders including the orders dt. 11.04.2016 and 19.05.2016 passed by Ld. Sub Judge (Muncipal Magistrate) Jammu, whereby officials/officers of the Municipal Corporation were restrained from taking any action on the basis of notices issued by them to the petitioner. On this ground it is urged that it cannot be stated that the petitioner was in league with the officials/officers of Khalifwarzi wing of the Municipal Corporation as alleged in the impugned FIR. To buttress his argument, the petitioner has placed on record various documents including copies of orders passed by the Courts from time to time.

(3.) Having heard learned senior counsel for the petitioner and having perused the material on record, a case for grant of interim indulgence in favour of petitioner is made out.