BHARAT BHUSHAN Vs. ANTI CORRUPTION BUREAU

JUDGEMENT

(1.) The issues involved in the instant petition are akin and analogous to each others, as such, are being disposed of hereunder at this stage with the consent of the appearing counsel for the parties.

(2.) In the instant petition, the petitioner herein has invoked the inherent power of this Court saved under Sec. 482 Cr.P.C. for quashing of the summons issued by the respondents under Sec. 91 of the Code of Criminal Procedure (for short the Code) vide communication No. SSP/MSA/Misc.16/2023/ACB/1712 dtd. 2/4/2024.

(3.) The facts in brief pertaining to the case in hand as stated in the petition are that the respondents upon initiation of a preliminary verification bearing No. Misc-16/2023 ACB Jammu issued a communication bearing No. SSP/MSA/Misc.16/2023/ACB/8961-62 dtd. 20/12/2023 requesting the Chair of the Managing Director, 'J&K Cooperative Housing Cooperation Ltd, Jammu' (For short 'the Corporation') which the petitioner herein is holding, to provide various record/information pertaining to the 'Ladies Cooperative House Building Society Limited, Samba' (for short 'the Society'), whereupon the petitioner, in consequence whereof claims to have written to the Secretary of the Society to furnish the record/information, however, the Society instead is stated to have challenged the said verification initiated by the respondents herein before this Court in CRM(M) No. 133/2024 (the connected petition) wherein an interim order dtd. 2/3/2024 was passed by this Court providing that the preliminary verification may go on, however, the respondents shall not register FIR on the basis of the verification without seeking prior permission of the Court, whereafter, the passing of the said order dtd. 2/3/2024 by this Court, the impugned summons dtd. 2/4/2024 is stated to have been issued by the respondents.