STATE OF JAMMU AND KASHMIR Vs. SHAM LAL

JUDGEMENT

(1.) Leave granted.

(2.) On discovering that there had been embezzlement worth crores of rupees, by way of misappropriation and misutilisation of Government funds meant for purchase of food grains and other essential commodities by the employees of Jammu and Kashmir Co-operative Supply and Marketing Federation Ltd. (Jakfed for short), the Commissioner/Secretary to the Government, Agriculture Production Department filed a complaint with the Crime Branch of the Police in 1994. FIR 40/1994 came to be registered on the basis thereof. Subsequently, the complaint/FIR was transferred to the vigilance Organisation by the Government and the Vigilance Department registered FIR No.3/95 on its basis for offences under Section 5(2) PCA and some other offences under the RPC and took up the investigation in hand. During the preliminary stage of investigation by the Vigilance Department, the respondents filed a writ petition in the High Court for quashing of FIR 3/95 and as interim relief sought the stay of investigation into the criminal case. Notice was issued and the learned single Judge also passed an ex parte order staying further investigation till the 'next date'. The State, appellant herein, filed a counter to the writ petition as well as objections to the stay petition.

(3.) On 12-7-95 the writ petition came up for hearing before the learned single Judge. Request for adjournment of the case was made on behalf of the learned counsel for the writ petitioners, which appears to have been opposed on behalf of the State. The hearing of the writ petition was adjourned. Since, the earlier stay order was to last till the 'next date', arguments were, however, heard on the question of extension of the stay order. The learned single Judge after taking into account the objections and arguments raised at the bar was pleased to refuse extension and he vacated the stay order dated 27-5-95. During the course of the order, the learned single Judge observed: