GHULAM RASOOL VAKIL Vs. STATE AND ORS.

JUDGEMENT

(1.) Police Station, Vigilance Organization Jammu (VOJ for short) on 21st Oct 2004 registered case FIR 03/2004 under section 5(2) Prevention of Corruption Act read with sections 419, 420, 467, 468, 471 and 120-B RPC against the petitioner, respondent no. 2 and Shri Ajit Kumar, the then Principal Secretary, Forest Department, J&K Government, after a preliminary inquiry initiated on a complaint received from Shri Mushtaq Ahmad Ganai son of Abdul Majeed Ganai resident of Rajbagh, Srinagar, on 1st. Oct 2004 revealed that there was substance in the allegations set out in the complaint. The investigation of the case was entrusted to Shri A. K. Chib, Deputy Superintendent of Police, Vigilance J&K. The investigation officer after usual investigation found that Shri Kumar had no role to play in the alleged occurrence.

(2.) Offence U/S 5(2) Prevention of Corruption Act was accordingly dropped. The investigation, however, revealed that the petitioner and respondent no. 2 prima facie appeared to have committed offence under sections 419,420,467,468,471 RFC read with section 120-B RFC. The investigation was accordingly concluded as proved and charge sheet presented in the court of Chief Judicial Magistrate, Jammu.

(3.) The case on its committal was transferred to the court of Second Additional Session Judge, Jammu. The trial court on 15th April 2010 on perusal of the charge sheet and the documents submitted therewith and after hearing the parties concluded that there was ground for presuming that the petitioner and respondent no. 2 had committed offences alleged against them in the charge sheet. Petitioner and respondent no. 2 therefore were formally charged of the offences punishable under sections 419,420,467,468,471 RFC read with section 120-B RFC. The petitioner and respondent no. 2 denied the charge making it necessary for the prosecution to adduce evidence in support the charge.