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2024 DAILYLAW 385 (JK)

ABDUL SAMAD ZULLAH v. COMMISSIONER / SECRETARY TO GOVERNMENT AND ORS. (INDUSTRIES AND COMMERCE)

CRM(M)/801/2024 · 2026-04-08

Wasim Sadiq Nargal

body2024

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CRM(M) 801/2024 CrlM(1846/2024). ABDUL SAMAD ZULLAH. …Petitioner(s) Through: Ms. Humaira Shafi, Advocate. VERSUS COMMISSIONER / SECRETARY TO GOVERNMENT AND ORS. …Respondent(s) Through: Mr. Haaris Khan, Assisting Counsel vice Mr. Mohsin S Qadri, Senior AAG. CORAM: HON’BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE. ORDER 08.04.2026 01. The petitioner, through the medium of the instant petition has sought quashment of FIR No. 31/2010, which was registered at Police Station Crime Branch, Kashmir and also the subsequent proceedings undertaken. 02. The response stands filed on behalf of respondent No. 3 in which it has been submitted that the investigation has been conducted in the impugned FIR and it has been established that the accused petitioner, who was posted as an Assistant Director, Handloom Pulwama, allowed the Orderly to continue as Cashier and, after hatching a conspiracy with him and the Treasury Official, drew an amount of Rs. 3,27,740/- fraudulently and dishonestly from the Treasury through five bills/treasury vouchers. 03. The excess amount was kept in the official account and was subsequently drained out through cheques and by issuing authority letters in the name of the concerned banks. 26 Regular 04. In addition, it has also been found that the petitioner has fabricated the cash book fraudulently. Thus, as per the investigation carried out by the investigating agency, it was concluded that a case was proved against the petitioner and another accused person, and thereafter a charge-sheet was also presented before the Court of the learned Chief Judicial Magistrate, Pulwama on 03.01.2015, which is pending trial before the said court. The petitioner is already pursuing the matter before the said Court, as there is no rider imposed by this Court in the instant petition. 05. When confronted with the aforesaid stand taken by the respondents, the learned counsel seeks withdrawal of the instant petition with liberty to pursue his remedy before the Court of the learned Chief Judicial Magistrate, Pulwama, where the challan has already been filed in the impugned FIR, and to take all available grounds before the said Court. 06. The writ petition is dismissed as withdrawn, with liberty as prayed for. 07. However, dismissal of the writ petition shall not come in the way of the petitioner to file a detailed representation before the respondent for the release of the salary for the period the petitioner has worked, in case there is no other legal impediment. (WASIM SADIQ NARGAL) JUDGE SRINAGAR 08.04.2026 Bisma Jan.