GOWHER RASHID LONE v. UNION TERRITORY THROUGH POLICE STATION DH PORA AND ANR. (HOME)
CRM(M)/5/2025 · 2025-01-02
Sanjay Dhar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 5953 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 5953 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
24 Supplementary
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
CRM (M) No. 5/2025 CrlM No. 6/2025 Gowher Rashid Lone
….. Petitioner (s) Through: Mr. Bakht Parvaiz, Adv.
vice Mr. Shah Ashiq Hussain, Adv. V/s
Union Territory through Police Station D H Pora and anr.
….. Respondent(s)
Through:
Coram:
Hon’ble Mr. Justice Sanjay Dhar, Judge.
ORDER 02.01.2025
The petitioner has challenged FIR No. 53/2023 of Police Station D H Pora, Kulgam alleging commission of offences under Section 409, 420 IPC.
As per the allegations made in the impugned FIR, the petitioner, who is working as Banking Associate with Jammu and Kashmir Bank Limited during his posting at D H Pora, Kulgam, has with a criminal/dishonest intention misused his official position and has effected various unauthorized debits from various inoperative accounts after fraudulent activation of the said accounts so as to cause wrongful gain to himself.
It has been contended by learned counsel for the petitioner that the petitioner could not have activated these accounts without permission of the Supervisory Officer, as such, no offence is made out against him. The question whether anybody other than the petitioner is involved in the alleged misappropriation of the funds is a matter of investigation but one thing is clear from the contents of the impugned FIR that cognizable offences are disclosed against the petitioner. Therefore, it would not be open to this Court to stall or stifle the investigation because it is statuary duty of the investigating agency to undertake investigation of a case once cognizable offences are disclosed.
For the foregoing reasons, I do not find any merit in this petition. The same is accordingly dismissed.
(Sanjay Dhar)
Judge SRINAGAR 02.01.2025 Aasif
Asif Gull I attest to the accuracy and authenticity of this document 02.01.2025 20:45