RIYAZ AHMAD Vs. STATE OF J&K

JUDGEMENT

(1.) The petition in hand reveals further degeneration of human values. In order to achieve worldly positions and possessions, some people un-abashingly cast to winds all the age old norms.

(2.) The crime branch, while investigating the case FIR No. 11/2004, tumbled upon some material which resulted in registration of case FIR No. 38/2005 under Sections 420,467,468,471,120-B RPC. During investigation of the case, it transpired that the accused persons allegedly derived illegal benefits as a consequence of conspiracy whereby other persons were allowed to impersonate for them and got berths in various professional courses in the year 2005. The investigation culminated in filing of challan against the petitioners and other persons. Learned Trial Judge, while considering the matter on 12th March, 2009 ordered for framing of charges against the petitioners and some other persons for having allegedly committed offences under Section 420/120-B/471 RPC. It is this order, which is called in question, in these petitions.

(3.) Learned counsel for the petitioner submitted that one Apurab Gupta, who was also involved in case FIR No. 38/2009 along with other petitioners, though was also ordered to be put on trial, has been discharged by the learned Additional Sessions Judge in revision petition filed by the said person. Learned counsel in support of his contention produced certified copy of the order of learned Additional Sessions Judge, which is taken on record. Learned counsel submitted that the petitioners and Apurab Gupta having been implicated in one FIR and Apurab Gupta having been discharged, the petitioners also deserve to be discharged. Learned counsel submitted that the crime branch could not register the case on their own in view of the mandate contained in Notification/SRO 202 dated 3rd June, 1999. Learned counsel, on facts, submitted that there is no evidence which would connect the accused persons with the alleged offences and submitted that petitioners deserve to be discharged. Learned counsel in this behalf referred to and relied upon case titled Magan Behari Lal v. State of Punjab, 1977 AIR(SC) 1091.