RAJINDER PRASAD & ANR. Vs. STATE & ANR.

JUDGEMENT

(1.) By the medium of both these petitions, filed under Section 561-A of Code of Criminal Procedure (for short, Cr.P.C.), the petitioners herein are seeking to quash,

(2.) Fir No.79/1995 came to be registered by the Vigilance Organization, Jammu (for short, VOJ) against the petitioners herein and four other persons on the written complaint of one Jaswant Singh, IPS, retired DIG Police. Investigation was conducted and final charge sheet in terms of Section 173 Cr.P.C. was presented before the Court of Special Judge, Anti Corruption, Jammu on 13.08.2005 and came to be diarized as 84-A/Challan. The matter came up for consideration at the charge stage. Learned Special Judge after examining the entire record along the case diary held that the Investigating Agency has failed to collect evidence and identify the person(s) responsible in disappearance of file from the office of J&K State Financial Corporation. It is relevant to reproduce relevant portion of order dated 20.09.2006, which reads as:

(3.) Neither prosecution nor the accused persons questioned the said order and the same has attained finality. VOJ conducted further investigation and submitted the final report on 20.08.2007 in the Court of Special Judge, Anti Corruption, Jammu and came to be diarized as File No.69/Challan. Said court after hearing learned counsel for the State and the accused came to the conclusion that a case for framing of charge against the accused persons was made out. It is relevant to reproduce operative part of order dated 27.06.2009 hereunder.