GHULAM HASSAN KHAN Vs. STATE

JUDGEMENT

(1.) The investigation in case FIR No.15/1996 under section 5(2), Prevention of Corruption Act read with Section 420, 468, 471 RPC, was concluded as proved by the Police Station Vigilance Organisation Kashmir as against the present petitioner and respondents 2 and 3 and charge sheet, alleging commission of offence punishable under section 420, 468, 471 RPC read with 120(B) RPC filed in the court of Chief Judicial Magistrate, Srinagar. The petitioner and respondents 2 filed an application before the Chief Judicial Magistrate, Srinagar, pleading therein that the police station VOK had no jurisdiction to investigate the matter muchless file charge sheet against petitioner and respondents 2 and 3 before Chief Judicial Magistrate. It was insisted that the police station VOK had jurisdiction to investigate the matters identified in Prevention of Corruption Act Svt 2006 read with section 7, J&K Criminal Law (Amendment Act) 1958 and that it was not competent to file charge sheet before any court other than Special Judge Anti-Corruption. It was pleaded that even where the matter initially, having regard to the allegations made, fell within jurisdiction of police station Vigilance Organisation, the charge sheet in the event of investigation, commission of offence contemplated by Prevention of Corruption Act Svt 2006 and Section 7, J&K Criminal Law (Amendment Act) 1958, was not established and only offence prima facie found to have been committed by the accused, were punishable under Ranbir Penal Code or any other penal law, the right course for the Police Station Vigilance Organisation was to report the matter to the police station having jurisdiction over the matter and allow the police station concerned to proceed in the matter in accordance with law. The application was rejected by Chief Judicial Magistrate vide order dated 29.07.2004 and the petitioner and respondent No.3 formally charged of the offences alleged in the charge sheet.

(2.) The petitioner filed a petition under section 561-A Cr.P.C. registered as No.48/2004, assailing the Trial Court order dated 29.07.2004. The trial remained in abeyance for next seven years till the petition under section 561-A Cr.P.C. was dismissed on 10.06.2011 and the Trial Court directed to proceed with the trial.

(3.) The petitioner again invokes inherent powers under section 561-A Cr.P.C. read with section 94 Constitution of Jammu and Kashmir for appropriate orders. The petitioner's case is that an important aspect of the matter spelt out in Para 04 of the petition has not been dealt with by the Court while deciding the earlier petition under section 561-A Cr.P.C. It is pleaded that the Court has not considered whether the Vigilance Organisation of Kashmir has taken cognizance of an offence that does not fall within the definition of criminal conduct as defined under section 5(2) Prevention of Corruption Act Svt 2006.