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HC stays proceedings in case against Revenue official 2/20/2016 11:39:26 PM Early Times Report Jammu, Feb 20: In a landmark order, State High Court today stayed investigation in case FIR No. 16/2014 and impugned Government Order No. 01-GAD (Vig) of 2016 dated 06.01.2016 shall stay. Justice Tashi Rabstan ordered after hearing counsel appearing for the petitioner Ashok Kumar s/o late Chuni Lal of Little Angel School Udhampur presently Niab Tehsildar Latti who has sought quashing of the FIR No.16/2014 registered at Police Station Vigilance Organization Jammu, for commission of offence punishable under Section 5 (i) (d) 16 of the Jammu and Kashmir Prevention of Corruption Act, 2006. Court was appraised that proceedings being conducted in the aforesaid impugned FIR No.16 of 2014 dated 29.05.2014 as against the petitioner. It was also submitted to Court that Government order no.01-GAD (Vig) of 2016 dated 06.01.2016 whereby in terms of section 6 of the Jammu and Kashmir Prevention of Corruption Act, Samvat 2006 prosecution sanction for prosecution of the petitioner being the then Patwari Halqa Ballian Udhampur for commission of offences under section 5(1)(d), 5(2) of J&K Prevention of Corruption Act, Samvat 2006 read with section 17 of the J&K State Land (Vesting of Ownership to Occupants) Act, 2001 and section 417, 465 and 120-B RPC has been accorded and being totally illegal, arbitrary and violative of provisions of law, any other relief, which this Court in the facts and circumstances of the case deems fit and proper may also kindly be passed in favour of the petitioner. Counsel appearing for petitioner Sunil Sethi alongwith Sumit nayyer and Vinnu Gupta stated that identical writ petition is pending before this Court in which interim direction has already been granted, therefore, he seeks the same relief as was ordered in that writ petition. Notice in the main petition as also in MP, returnable within four weeks. Upon this Justice Tashi Rabstan ordered that subject to objections from other side and till next date before the Bench, investigation in case FIR No. 16/2014 and impugned Government Order No. 01-GAD (Vig) of 2016 dated 06.01.2016 shall stay. As per brief fact of case during the period from 29/05/2004 to 16/10/2009 the petitioner was working as Patwari Halqua Ballian, District Udhampur a complaint was filed to Vigilance Organization against district authorities and revenue officials for abuse of official positions for benefiting beneficiaries under the provisions of the Jammu and Kashmir States Land (Vesting of Ownership to Occupants) Act, 2001 (Roshini Scheme). An FIR No 16 of 2014 dated 29/05/2014 was registered by State vigilance Organization (Respondent no.2), against the petitioner and others for commission of offence punishable under section 5(1)(d), 5(2) of J&K Prevention of Corruption Act, Samvat 2006 read with section 17 of the J&K States Land (Vesting of Ownership to Occupants) Act, 2001 and section 120-B RPC.   Share This News with Your Friends on Social Network     Comment on this Story

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