PRITAM SHOOR Vs. STATE OF J&K OTHERS

JUDGEMENT

(1.) Writ petition was preferred under Article 226 of the Constitution of India read with Section 103 of the Constitution of Jammu and Kashmir for quashing FIR No. 25/2003 registered under Sections 420, 467, 468, 471 of Ranbir Penal Code read with section 5(2) of the Prevention of Corruption Act by Police Station, Crime Branch. The learned Single Judge declined to entertain the writ petition and dismissed the same.

(2.) Mr. Leher, counsel appearing for the appellant, submitted that appellant belongs to Scheduled Caste community by name Bishit. A certificate was issued to that effect by the authorities after due verification. He was promoted as Lecturer in the Education Department and later he has also retired from service. But due to personal animosity a complaint has been lodged against the appellant which led to registration of the aforesaid information report. Learned counsel placed before us certificates issued by the various authorities and laid stress on his submission that he belongs to Scheduled Caste community.

(3.) Mr. B.S. Salathia, learned counsel appearing for the State, submitted that the petition itself is not maintainable as factual details cannot be gone into by this Court in its writ jurisdiction and that the petitioner has remedy available to him under the Code of Criminal Procedure.