RAJEEV GUPTA Vs. STATE OF J&K & ORS

JUDGEMENT

(1.) The appellant is husband of respondent No. 4. There appears to be some matrimonial discard between the two. There is multiple litigation going on between the appellant and respondent No. 4 in various Courts. It appears that as a sequel to the matrimonial discard between the parties, the appellant filed a complaint before the Vigilance Organization, Jammu against his estranged wife respondent No. 4, her father, mother and some officials of the Education Department with the allegations that respondent No. 4 had managed her appointment as RET in K.G.B.V. Bajohi Macheddi Zone Malhar (Billawar) on the basis of fictitious documents. The appellant, who appears to have failed to persuade the Vigilance Organization to register FIR against respondent No. 4, her parents and the officials of the Education Department, approached the learned Chief Judicial Magistrate, Jammu by way of an application under Section 156 (3) of the Jammu and Kashmir Criminal Procedure Code. On the application moved by the appellant, the Chief Judicial Magistrate, Jammu directed the Officer Incharge of Police Station, Crime Branch, Jammu to investigate the matter under law.

(2.) As is apparent from the pleadings of the parties, the Crime Branch investigated the matter and submitted a report to the learned Magistrate in which it has been indicated that the allegations leveled against respondent No. 4 have not been substantiated and the complaint has been filed by the appellant solely with an intention to frustrate the litigation going on between the parties arising out of some matrimonial dispute and that the selection of respondent No. 4 had been done after following due process/procedure as per guidelines issued by the Government. Having failed to get the criminal case registered against respondent No. 4 and others, the appellant approached this Court by way of OWP No. 1013/2014 in which the appellant, inter alia, prayed for the following directions:-

(3.) The petition was contested by the respondents. The matter was considered and vide Judgment dated 10th July, 2017, impugned in this appeal, the writ petition was disposed of granting liberty to the appellant to pursue his complaint before the learned Chief Judicial Magistrate, Jammu. It is this order of learned Single Judge that has been called in question in this Appeal.