SHEIKH ABDUL MAJEED Vs. TAJAMUL HASSAN SHAH

JUDGEMENT

(1.) The instant petition has been filed under the provisions of Sec. 482 CrPC, seeking quashment of FIR No.16/2023 (for short 'the impugned order') dtd. 18/8/2023, registered with Police Station Anti Corruption Bureau Srinagar under Sec. 7 and 7A of the Prevention of Corruption Act 1988 (for short 'the Act'), and accordingly, petitioners are invoking the jurisdiction vested in this Court under Sec. 482 CrPC primarily on the ground that the impugned FIR has been registered by the respondents without having jurisdiction and therefore it amounts to an abuse of the process of law.

(2.) Briefly stated facts of the instant case are that the petitioner No.1 is the sole proprietor of the proprietorship concern under the name and style "Sheikh Suppliers and Contractors" located at Chandpora Budgam, which Firm is registered with the Jammu and Kashmir Works Department. As such, the said petitioner No.1 is a private individual and is not a 'public servant' as provided under Sec. 2(c) of the Prevention of Corruption Act 1988. So far as petitioner No.2 is concerned, he is the employee of petitioner No.1 and works as Office Boy in the said Firm, as such, petitioner No.2 also does not fall within the definition of 'public servant' as prescribed under Sec. 2(c) of the Act mentioned supra.

(3.) Petitioner No.1, in order to run and operate his business, constructed a Godown over his proprietary land situated at Chandpora Budgam in the year 2012, and as per the petitioner the said Godown was taken over by Food Corporation of India in the year 2013 pursuant to an agreement (lease) entered into by and between the petitioner no.1 and the Food Corporation of India. This agreement of the petitioner No.1 with Food Corporation of India, as according to the petitioner, was in his capacity as a private individual. Consequently, in terms of the said agreement, petitioner No.1 became lessor of the Godown(supra) and the Corporation became the lessee, and accordingly, the Godown became operational.