LAWS(SC)-1995-5-19

STATE OF JAMMU AND KASHMIR Vs. SUDERSHAN CHAKKAR

Decided On May 10, 1995
STATE OF JAMMU AND KASHMIR Appellant
V/S
SUDERSHAN CHAKKAR Respondents

JUDGEMENT

(1.) Delay condoned.

(2.) Special leave granted.

(3.) On a First Information Report lodged by the Director, Food and Supplies, Jammu a case under sections 120-B, 467 and 409, R.C. and Section 5(2) of the two the Prevention of Corruption Act was registered against the two respondents herein, who at the material time were the Tehsil Supply Officers of Ramban, one Nijamuddin, a Store keeper, and two transport contractors, the allegation being that all of them hatched a criminal conspiracy and pursuant thereto misappropriated foodgrains and empty bags of the Food and Supplies department worth Rs. 3,22,119.36 after forging official documents. The Police Vigilance Organisation took up Investigation of the case and submitted a charge-sheet, whereupon the Special Judge, Anti Corruption, Jammu took cognizance. Thereafter he heard the parties on the question of framing of charges and held that a prima-facie case was made out only against the other three arraigned but not against the two respondents. Accordingly he discharged them by his order dated June 28, 1993. Aggrieved thereby the appellant filed a revisional application in the High Court of Jammu and Kashmir which was dismissed. hence this appeal.