GHULAM QADIR MIR Vs. UT OF J&K

JUDGEMENT

(1.) The petitioner has challenged the challan emanating from FIR No.22/2012 for offences under Sec. 420, 467, 468, 471, 120-B RPC read with Sec. 5(2) Prevention of Corruption Act.

(2.) As per the contents of the FIR, which has resulted in filing of the impugned challan, the respondent conducted a preliminary enquiry in respect of a complaint lodged by the Secretary, J&K Muslim Wakaf Board. During the enquiry it was found that one Mukhtar Ahmad Zargar adopted son of Ghulam Nabi Zargar had donated a stretch of land measuring 06 kanals and 08 marlas situated at Rangpora Zakura to Holy Shrine of Hazratbal and Khankahi Moula in the ratio of 04 kanals 4" marlas and 02 kanals 3 " marlas respectively. It was further revealed that management of the Muslim Auqaf Trust had leased out this piece of land to one Ishtiyaq Ahmad Ashai S/o Mohammad Ashraf Ashai R/o Aali Kadal, Srinagar, vide its decision dtd. 26/10/2002, but instead of execution of a lease deed with the aforenamed Ishtiyaq Ahmad Ashai, the stretch of land in question was sold to him on the basis of a forged order bearing No.ERMAT/360-64 dtd. 5/8/2003, issued under the forged signature of Late Shri Gh. Nabi Kochak, the then Vice Chairman of the Trust. In the FIR it is further alleged that Shri Ishtiyaq Ahmad Ashai, in pursuance of a criminal conspiracy hatched with other concerned, fabricated the sale documents to the detriment of the Muslim Auqaf Trust and, prima facie, offences under Sec. 420, 467, 468, 471, 120-B RPC were disclosed.

(3.) After investigation of the case, a charge sheet came to be laid by respondent against six accused, namely, Abdul Rashid Wani (Collector, Revenue Estates/Assistant Secretary, Muslim Auqaf Trust), Mohammad Farooq Hakak @ Jan, Ghulam Qadir Mir (the petitioner herein), Mohammad Lateef Misgar, Ali Mohammad Bhat (Land Revenue Officer, Muslim Auqaf Trust) and Ghulam Ahmad Hajam. Accused Ali Mohammad Bhat and Ghulam Ahmad Hajam are stated to have expired.