GHULAM MOHAMMAD WANI Vs. STATE OF J&K

JUDGEMENT

(1.) The petitioners are employees of Govt. Silk Factory, Rajbagh, Srinagar, and are arraigned before learned Chief Judicial Magistrate, Srinagar, on the charge of having committed offences committed under section 409, 468, 471, 120 RFC. The petitioners are alleged to have hatched a criminal conspiracy with other accused and in execution of the conspiracy embezzled Rs. 200,000, Rs. 28,100, Rs. 1,00,000, Rs. 20,55,000, Rs. 1,00,000 on the strength of forged documents, using such docu ments as genuine. The petitioners stand formally charge of the offences punishable under section 409,468,471,120 RFC.

(2.) The petition under section 561_A on hand, filed on 3.9.2007, seeks quash-ment of the charge-sheet and proceedings emanating there-from in all the three cases on the ground that the respondent has failed to grant sanction in terms of section 196-A Cr. P. C. to the prosecution of the petitioner and the court in absence of such sanction lacked jurisdiction to take cognizance and proceed in the matter. The pendency of the instant petition has put the proceedings before the trial court on halt.

(3.) I have gone through the petition as also record available on the file and have heard counsel for the parties. It is contended by Mr. Lone, learned counsel for the petitioners that as one of the offences alleged against the petitioners is criminal conspiracy punishable under section 120-B, respondent no. 2 was under an obliga tion to seek sanction from the competent authority before presenting the charge sheet. It is insisted that in absence of the sanction in terms of 196-A Cr. P. C., the charge sheet and the proceedings emanating there-from are liable to be quashed.