NAZIR AHMAD GANAIE Vs. STATE OF J&K

JUDGEMENT

(1.) The petitioner has challenged order dtd. 16/6/2012 passed by Additional Special Judge, Anticorruption, Kashmir, Srinagar, whereby the learned Special Judge has, after holding trial of the case, directed the respondent to place the record before the competent authority for considering accord of sanction for prosecution against the petitioner in terms of Sec. 6 of the J&K Prevention of Corruption Act. A further observation has been made vide the impugned order to the effect that the respondent can probe certain aspects as mentioned in the impugned order in terms of Sec. 173(8) of Cr. P. C

(2.) Before coming to the grounds of challenge, it would be apt to notice the facts leading to filing of the instant petition. It appears that FIR No.04/1991 for offence under Sec. 5(2) of J&K Prevention of Corruption Act came to be registered with Vigilance Organization, Kashmir. After investigation of the case, the charge sheet came to be filed by the investigating agency against Dr. Gh. Hassan Khan, the then Block Medical Officer, Bandipora and the petitioner was cited as a prosecution witness in the said challan. As per the charge sheet, an amount of Rs.30,000.00 on account of payment of incentive charges under family planning programme, was stated to have been drawn from Bandipora Treasury by the aforesaid officer in the month of February, 1990 and the said amount was not accounted for. It was alleged in the charge sheet that the aforesaid amount has been fraudulently and dishonestly misappropriated by the officer and the officials connected with its drawl and that there were also mutilations/tampering in the drawl register and cash book pertaining to the aforesaid amount.

(3.) After framing of charges against accused Dr. Gh. Hassan Khan, trial of the case commenced. When all the prosecution witnesses were examined and the case was set down for recording of statement of accused Dr. Gh. Hassan Khan under Sec. 342 of Cr. P. C, the learned Special Judge observed that the evidence on record, prima facie, discloses the involvement of PW-9, Cashier Nazir Ahmad Ganai, the petitioner herein. It is in these circumstances that the impugned order came to be passed by the learned Special Judge.