KARTAR SINGH Vs. STATE OF J&K

JUDGEMENT

(1.) The petitioner No.1 is a construction contractor by profession. Petitioner No. 2 is Junior Engineer Public Works (R&B) Department and petitioner No. 3 engaged in carriage of building material. The petitioner No. 1 some time in 2007 was allotted a contract for raising B/Wall on Dharamkote-Rampure road via Sitla Math Temple in Tehsil Billawar. The Public Works (R&B) Department issued 700 bags of cement to the petitioner No.1 from Government stores for its utilization in the allotted construction work. The department on 10.08.2007 as part of the offered quantity of the cement issued 150 bags of cement to the petitioner No. 2, working as Junior Engineer in Public Works (R&B) Department Division Basohli, for its onward delivery to the petitioner No. 1 and its utilization in the said contract work. The petitioner No. 2 accordingly issued a Dispatch Challan of 150 bags to the petitioner No. 1 on 11th August 2007. The petitioner No. 1 got released quantity of cement loaded in a truck driven by the petitioner No.3. The petitioner No. 3 on 11.08.2007 itself out of 150 bags of cement meant for utilization in the construction work in question, unloaded 140 bags of the cement at Dharamkote. Soon after the 140 bags of the cement were so unloaded and stored in a shop at Dharamkote. Police Station Billawar received information from reliable sources that the cement meant for utilization in construction of B/Wall at Dharamkote-Rampure road was misappropriated by the petitioner No. 1 in connivance with petitioner No. 2 and 3. Police Station Billawar on receipt of the information was prompted to register case FIR No. 122 of 2007 under Section 409, 407, 406, 420/109 RPC. Investigation was concluded as proved against the petitioners and a charge sheet alleging commission of offences punishable under Section 409, 407, 406, 420/109 RPC, presented in the Court of Judicial Magistrate 1st. Class (JMIC) Billawar on 21st. September 2007. The Trial Court on 01.06.2009 on perusal of the charge sheet and after hearing the parties, held the charge sheet and prima-facie disclose commission of offences punishable under Section 409,407,406,420/109 RPC, by the petitioners and formally charged the petitioners of said offences.

(2.) The petitioners assailed the order dated 01.06.2009 through the medium of a revision petition before Learned Sessions Judge Kathua. The revision petition, however, did not succeed and was rejected on 05.11.2009. The Revisional Court was of the opinion that issues raised in revision petition touched factual aspects of the matter and could be only dealt with after trial was allowed to proceed.

(3.) The petitioners undeterred by the Trial Court order and their failure in the Revisional Court have come up with the present petition under Section 561-A Cr.P.C. invoking inherent powers of the Court for quashment of the charge sheet filed against the petitioners by Police Station Billawar as also order dated 01.06.2009, whereby the petitioners have been formally charged of the offences publishable under Section 409, 407, 406, 420/109 RPC.