Bharat Bhushan v. Ut of J and K Th Commissioner Secretary to Government Home Department, Jammu and Others

ORDER

08.04.2026

¶4By this petition, the petitioner is seeking a direction to the respondents to forthwith de-seal the residential house of the petitioner situated at Guru Teg Bahadur Nagar, Channi Rama, Jammu, with a further direction to the respondents not to interfere with the peaceful possession of the petitioner over the said property.

¶5It is stated by the learned counsel for the petitioner that the petitioner is owner in possession of a residential house constructed on a plot of land measuring 5.5 marlas falling under Survey No.331 situate at Guru Teg Bahadur Nagar, Channi Rama, Jammu. Sr. No. 7

¶6It is further stated by the learned counsel for the petitioner that he was informed by one of his friends that officials of the Anti Corruption Bureau had sealed the residential house of the petitioner on 25.02.2026 in connection with FIR No. 02/2026 registered under Section 13(1)(b) read with Section 13(2) of the Prevention of Corruption Act, 1988 and a notice was affixed on the house thereby directing the owner to explain his position within seven days, for which period, the property was to remain sealed.

¶7Learned counsel for the petitioner further states that he is neither an accused in the said FIR nor has any connection whatsoever with the alleged accused persons. As such, he had submitted a representation before respondents thereby clarifying his status.

¶8Learned counsel for the respondents Mr. Raman Sharma, AAG states that, admittedly, the petitioner does not figure in the FIR (Supra), however, he was called so as to enable the respondents to search the house of the petitioner and to assist them in further investigation. He further states that the petitioner made a representation and also sent an e-mail to the respondent-ACB for extension of time to appear before respondent No.3; that he is under instructions to state that respondents 2 and 3 have no objection in de-sealing the residential house of the petitioner provided the respondents 2 and 3 are allowed to make search in the house of the petitioner, in his presence, as per the procedure prescribed under law.

¶9To this, learned counsel for the petitioner states that on 15.04.2026 at

11.00 am, respondents 2 and 3, after de-sealing the residential house of the petitioner in his presence, would be allowed to make search in the residential house of the petitioner.

¶10Be that as it may, the instant writ petition is disposed of with the consent of the parties with the direction to respondents 2 and 3 that they shall de-seal the residential house of the petitioner and make search in the house of the petitioner in his presence, situated at Guru Teg Bahadur Nagar, Channi Rama, Jammu on 15.04.2026 at 11.00 am.

¶11The petitioner is also directed to cooperate with the respondents 2 and 3 for the purpose of investigation and search of his residential house on the time and date mentioned in the preceding paragraph.

¶12Disposed of, as above.

(Moksha Khajuria Kazmi) Judge

JAMMU

08.04.2026 Raj Kumar

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 802/2026 CM No. 1822/2026 Decided On: 08.04.2026. Uploaded On: 09 .04.2026. Bharat Bhushan S/O Late Shri Bihari Lal, R/O Guru Teg Bahadur Nagar, Channi Rama, Jammu A/P Village Birjani Bari, Bari Brahmana, Jammu. .....Applicant(s)/Petitioner(s) Through :- Mr. Sumir Pandita, Advocate. v/s 1. Union Territory of J&K through Commissioner/Secretary to Govt., Home Department, Civil Secretariat, Jammu. 2. Director, Anti corruption Bureau ACB Headquarters, Jammu. 3. Station House Officer, Anti-Corruption Bureau ACB, Central Branch, Jammu. .....Respondent(s) Through :- Mr. Raman Sharma, AAG. CORAM: HON'BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE