MOHD. MAQBOOL Vs. STATE

JUDGEMENT

(1.) The present petition has been filed by the petitioner under sec. 435 Cr.P.C. for quashing of order dtd. 4/9/2013 passed by the learned Special Judge Anti Corruption (CBI Cases), Jammu (hereinafter to be referred as the trial court) by virtue of which the charges for commission of offences under Sec. 420, 467, 468, 471 read with sec. 120-B RPC and Sec. 5(1)(d) and 5(2) of the Jammu and Kashmir Prevention of Corruption Act, 2006 have been framed against the petitioner and the other two accused, respondent Nos. 2 and 3 herein.

(2.) The petitioner has questioned the order impugned on the following grounds:

(3.) Mr. D.K. Khajuria, learned counsel for the petitioner has vehemently argued that as none of the official of the UCO Bank was arrayed as an accused, the learned trial court could not have framed the charges against the petitioner who is neither the official of the UCO Bank nor a Central Government Employee. Mr. Khajuria further argued that the CBI-respondent No. 1 herein has no jurisdiction to investigate the matter as there is no sanction of the then Jammu and Kashmir Government for permitting the CBI to conduct the investigation within the territory of the Jammu and Kashmir. He further argued that there is no expert opinion that the petitioner has ever signed the documents in question those are found to be forged documents.