S K PURI Vs. STATE

JUDGEMENT

(1.) Through the currency of this petition under Section 561-A, Cr. P.C., the petitioner-S. K. Purl, against whom challan under Section 5(2) of Prevention of Corruption Act, 2006 read with Section 11 of the Jammu and Kashmir Public Men and Public Servants Declaration of Assets and Other Provisions Act, 1983 (hereinafter referred to as the Act of 1983) presented in the Court of Special Judge, Anti-Corruption, Jammu on 3-2-1996 has sought quashment of the FIR No. 61 of 1995, Government Order No. 4-HOME(VIG) of 1996 dated 5-1-1996 according sanction for prosecution of the petitioner and criminal proceedings pending before the learned Special Judge, Anti-Corruption, Jammu.

(2.) The allegation against the petitioner enumerated from the record In narration is that the petitioner, the then Managing Director, Jammu and Kashmir Housing Board, had deliberately not submitted his property returns to the prescribed authority for the. years 1990 to 1993 and the aforesaid act of the petitioner is in violation of the Service Conduct Rules and Section 11 of the Act, 1983 punishable under Section 5(2) of the Prevention of Corruption Act, 2006 (hereinafter referred to as the Act of 2006).

(3.) It Is pertinent to point out that the petitioner earlier, at the time of registration ofFIRNo. 61 of 1995, filed writ petition bearing SWP No. 51 of 1996 In this Court in which the registration of the FIR was challenged. It was during the pendency of the writ petition; the Investigating Agency, presented challan against the petitioner in the Court of learned Special Judge, Anti-Corruption, Jammu. Thereafter, the petitioner preferred present petition and the Writ Petition SWP No. 51 of 1996 came to be withdrawn.