Law:

Section:

AJ&K Interim Constitution Act, 1974-- ----S. 44--Azad Penal Code, Ss. 109 & 409--Anti-Corruption Establishment Act 1993, S. 3--Schedule Offences--Misappropriation of huge amount--Quashment of FIR--Extraordinary jurisdiction were government servants, entangled in criminal proceedings--Simultaneously, government dismissed them from service contended that SHO had no jurisdiction to register FIR against petitioners, being public servants-Validity--Under Section 3(1) of AJ&K Anti-Corruption Establishment Act 1993 for investigation of offences set forth in schedule, and for holding preliminary inquiries for determining such offences, same shall be investigated by Anti-Corruption Establishment--As per schedule appended along with AJ&K Anti-Corruption Establishment Act 1993, offence of Section 409 is schedule offence at relevant time were public servants, therefore, impugned FIR could not be registered against them at local police station, thus same is liable to be quashed--Petition was accepted. THIS JUDGMENT DELIVERED BY: M. TABASSUM AFTAB ALVI, CHIEF JUSTICE---.--- The captioned writ petition has been addressed under Section 44 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, whereby quashment of the impugned F.I.R. No. 180/2014, in respect of offences under Sections 109 and 409 A.P.C. registered at Police Station City Muzaffarabad, dated 30th August, 2014, against petitioners, has been solicited. 2. The grouse of petitioners is that they were serving in Electricity Department as Junior Clerks B-07, since long. It is alleged that a fake F.I.R. was registered against them on the ground that they were involved in misappropriation regarding depositing amount of electricity bills for month of June, 2014, who claimed that the scroll of the aforesaid month had not been prepared by them. It is further stated that the said papers were in fact prepared by the Revenue Officer Operation-I, Muzaffarabad. After disciplinary proceedings under the provisions of the Azad Jammu & Kashmir Civil Servants Removal from Service (Special Powers) Act, 2001, petitioners were dismissed from service and a sum of Rs. 32,86,440/- was also directed to be…

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