AIJAZ AHAMD LALA Vs. STATE

JUDGEMENT

(1.) PETITIONER seeks following reliefs in this writ petition:

(2.) THE ld. counsel for the petitioner submits that the investigation is complete and the investigating agency has referred the matter to the competent authority for grant of sanction, to enable them to prosecute the petitioner. The ld. counsel while arguing the case has referred to the allegations as contained in the FIR. In an effort to disprove the allegations, petitioner has placed on record of writ petition revenue extracts, report of Naib Tehsildar, report of committee constituted by Tehsildar, and affidavits sworn by ghulam Mohd Ganie, Gh. Mohd Bhat, Ali Mohd Rather and Mohd Shaban bhat and photo copy of sale deed executed by Maqbool Ahmad as also family agreement. It is further submitted that the allegations made in the FIR are totally baseless and petitioner has been harpooned into fabricated case. The further case of the petitioner as projected by his ld. counsel is that the petitioner had opted for voluntarily retirement from service, though sanction has been accorded, but because of pendency of the case, no formal order is being issued. Heard. Considered.

(3.) THE FIR and investigation can be quashed only when the allegations made in the FIR and investigation do not disclose commission of offence. The truth and falsehood of the allegations as made in the FIR are to be investigated into by Investigating Agency and the final report of the investigating agency is to be scrutinized by court of competent jurisdiction. It is admitted by the ld. counsel for the petitioner that investigation is complete and record has been submitted to competent authority for obtaining sanction, would mean that the investigating agency has come to the prima facie conclusion that the allegations made in the complaint have been found to be prima facie correct and for that purpose the petitioner is to be put on trial.