SUNIL KUMAR Vs. STATE OF J&K AND ORS.

JUDGEMENT

(1.) This is a petition under section 561-A Cr.P.C., whereby petitioner geeks to invoke inherent jurisdiction of this Court under section 561-A Cr.P.C. for quashing complaint No. 113 filed by respondent No. 2 against him in the court of learned Judicial Magistrate, 1st Glass, Thanamandi and FIR No. 41/2014 registered on the basis of said complaint at Police Station, Thanamandi for offences u/ss. 166, 167, 468, 471, 470 and 109 RPC. Heard. I have perused the record.

(2.) I may, first state, briefly, the facts which are relevant and undisputed:

(3.) Quashing of the FIR as well as the basic complaint is sought by petitioner (accused No. 4) on the grounds that the complaint has been filed on "baseless grounds only to harass the petitioner, who is a senior officer of the Government and has acted in his official capacity." It is contended that the report of the SDPO makes it clear that Badar Hussain is in possession of land measuring 1 marla and has constructed a shop on it and the petitioner therefore, was competent to direct attestation of mutation in his name. Attestation of mutation was directed by him after adopting due course of law. The complaint has been filed, notwithstanding that remedy of approaching the competent authority for rectification of record is available.