SHAMAS DIN Vs. STATE & ORS.

JUDGEMENT

(1.) The petitioner has invoked the jurisdiction of this Court in terms of Section 561-A of Code of Criminal Procedure (for short, Cr.P.C.), seeking to quash FIR No.16/2010 registered at Police Station, Vigilance Organization, Jammu, under Section 5(2) of J&K Prevention of Corruption Act (for short, P.C. Act) read with sections 161 and 120-B of Ranbir Penal Code (for short, RPC), on the grounds taken in the petition.

(2.) It appears that an FIR was lodged on 18.05.2010 by the Vigilance Organization, Jammu, against one Khem Raj, Forest Guard and the petitioner herein, and both were taken into custody. Thereafter they were released on bail. It is stated that the petitioner is not involved in the case and has not committed any offence. Vigilance Organization, Jammu (for short, VOJ) has falsely implicated him on the basis of a false and frivolous complaint made by one Sh. Sher Singh.

(3.) It is alleged that Inspector Javed Ahmad, VOJ, laid a trap in presence of independent witnesses and Khem Raj was caught while demanding and accepting bride from Sher Singh and tainted money was seized and recovered from his possession. The petitioner was neither present at Bani nor he made any demand nor accepted the bribe money from any person, not to speak of Sher Singh and nothing was recovered from him. At that time the petitioner was in his own Village, i.e., Surjan Chalog. After arrest of Khem Raj, he was telephonically directed to report at Forest Guest House, Bani. When he reached there on the said date at about 5 PM, he was arrested by respondent no.3.