MUKHTAR AHMAD Vs. STATE OF J&K AND OTHER

JUDGEMENT

(1.) Through the medium of instant petition, petitioner-Mukhar Ahmad has sought quashing of FIR No.33/2011 dated 26.02.2011 registered with Police Station Tuljapur, District Osmanabad, Maharashtra, and also prayed for issuance of direction to the respondents not to arrest the petitioner in the afore said FIR whereby a criminal case under Sections 467, 468, 471, 420 of IPC and Section 3/25 of Arms Act has been registered.

(2.) Petitioner has stated in the petition that he has worked as Collector Defence/Additional District Magistrate Rajouri from April 2008 to August 2009 and as Sub-District Magistrate Mendhar from August 2009 onwards. That an FIR came to be lodged at Police Station Janipur Jammu being FIR No.18/2011 dated 07.02.2011 for commission of offence under Sections 467/468/471/420 RPC and 3/25 Arms Act against certain persons mentioned in the FIR for possession of 12-Bore Guns with alleged Fake Gun Licenses issued under the seal and signature of SDM Mendhar. The persons were arrested, the guns and licenses seized and the investigation commenced. A Special Investigation Team (SIT) was constituted to investigate the case. During the investigation, the police implicated the petitioner also in the case on the allegation that the gun licenses were issued without following the procedure and after receiving the money from the licence holders and that the issuing officer was not competent to issue the same. Ultimately the petitioner was arrested by the SIT in the case on 12.04.2011 and lodged in the Police Station, Janipur.

(3.) That the petitioner moved a bail application before the learned Special Judge Anti-corruption, Jammu in which a detailed report was filed by the Incharge Special Investigation Team on 18.04.2011, wherein the Investigating Agency not only justified the arrest of the petitioner, but have tried to throw the whole weight of all the alleged misdeeds and misgivings in the case upon the petitioner only. The Investigating Agency has tried to make out a case of conspiracy between the petitioner, his subordinate staff, Arms dealers and license holders in lieu of bribe money. The investigation is still going on.