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| HC stays FIR against CB SSP | | | Mahadeep Singh Jamwal | 3/30/2016 12:16:38 AM |
| Early Times Report
Jammu, Mar 29 : In a petition filed by crime branch (CB) SSP Mubassir Latifi against whom the state vigilance organisation has registered a case, high court judge Bansi Lal Bhat stayed the FIR.
Staying the FIR, Justice Bhat observed that the petitioner was aggrieved of being falsely implicated in a case registered under FIR No 8/2016 on March 9, 2016 under section 5 (1) (d) read with section 5(2) of J&K Prevention of Corruption Act Samvat 2006 and section 120-B of RPC.
It was contended that in terms of March 26, 2008 order of the district collector, petitioner had deposited Rs 4,42,500 for the land measuring 1 kanal 9.5 marlas falling under khasra Nos 119 and 120 at Sidhra as per rate fixed under J&K State Land (Vesting of Ownership to Occupants) Act, 2001. Reliance was also placed on the verification No 38 of January 29, 2016 which clearly "states that the petitioner has not been found to have encroached upon the state land and that he has been vested with ownership rights under the provisions of J&K State Land (Vesting of Ownership to Occupants) Act, 2001.
The counsel for the petitioner submitted that the latter was in possession of the land since 2003. In addition thereto, the petitioner was also owner of 8 marlas of land under khasra No 122 and after coming into force of J&K State Lands (Vesting of Ownership to the Occupants) Act, 2001, he, being fully eligible, applied for grant of ownership rights in his favour with respect to the state land. The case of the petitioner was duly considered and the benefit was given to him under the aforesaid legislation as a result of which land measuring 1 kanal and 9.5 marlas in possession of the petitioner was regularized in his favour on payment of amount at the market rate as determined under the aforesaid enactment after giving rebates as permissible under the said Act. Justice Bhat, after going through the file, issued notice to vigilance organization returnable within four weeks and in the meanwhile, ordered that subject to objections from other side and till next date before the bench, impugned FIR No 08 of March 9, 2016 shall remain stayed. (JNF) |
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