JAVEED AHMAD NAJAR Vs. STATE OF J&K

JUDGEMENT

(1.) PETITIONER has filed this petition seeking quashing of learned Additional Sessions Judge, Baramullas order of September 05, 2007, finding a prima facie case for commission of offences punishable under sections 420, 467 and 471 RPC to have been made out against him for his trial.

(2.) REFERRING to the communications of the Director, Technical Education, Jammu and Kashmir, Srinagar and other functionaries of the Industrial Training Institute, Baramulla, besides the orders passed by this Court in Contempt Petition COA No. 289/ 95, the petitioners learned Counsel urged that the prosecution against the petitioner was the result of inter -se rivalry of the functionaries of the Industrial Training Institute, Baramulla and in view of the engagement of the petitioner by the said functionaries, in compliance to the orders passed by this Court, the continuance of Criminal proceedings against him, on the allegations that he had fabricated and produced fake orders for his appointment as Instructor -Stenography, Industrial Training Institute, Baramulla, was an abuse of the process of Court.

(3.) DELAYED filing of the Final Police Report, and long pendency of the trial against the petitioner, too has been projected to seek quashing of the proceedings pending before the learned Additional Sessions Judge, Baramulla.