JK STATIONERS Vs. STATE OF J&K

JUDGEMENT

(1.) The petitioner has challenged order dtd. 1/9/2015 passed by learned Special Judge, Anticorruption, Srinagar, whereby the petitioner has been arraigned as an accused in a charge sheet filed by respondent No.1 against respondents No.2 to 4 alleging commission of offences under Sec. 5(1)(d) read with Sec. 5(2) of the J&K Prevention of Corruption Act (hereinafter referred to as the J&K PC Act) and Ss. 120-B, 201 and 204 RPC.

(2.) As per the allegations made in the charge sheet, accused/respondents No.2 to 4, in furtherance of a conspiracy, placed supply orders for purchase of agricultural equipments and hybrid seeds on highly exorbitant rates. It was alleged that supply orders for 650 irrigation pump sets were placed with M/S Honda Siel, New Delhi and M/S A. V. Agri-Tech, New Delhi, in the month of February, 2006, on the rate contract that had already expired and the above named accused resorted to manipulation of records thereby predating the supply orders. After investigation of the case, on the basis of oral and documentary evidence prima facie it was established that respondents No.2 to 4, the public servants, have committed offences punishable under Sec. 5(1)(2) read with 5(2) of J&K PC Act and Ss. 120-B, 201 and 204 RPC. Accordingly, the charge sheet was laid before the learned Special Court.

(3.) On 27/10/2009, learned Special Judge took cognizance of the offences and the copies of charge sheet were furnished to the accused named in the challan whereafter the matter was put up for arguments on the question of charge/discharge. On 1/9/2015, arguments on the question of charge/discharge were heard by the learned Special Judge and while observing that the material on record prima facie establishes that the offences punishable under Sec. 5(1)(2) read with 5(2) of J&K PC Act and Ss. 120-B, 201 and 204 RPC have been committed by the accused named in the charge sheet, it was further observed that the material on record establishes complicity of the supplier i.e. proprietor of M/S J&K Stationers, Srinagar, in the commission of aforesaid offences as, according to the learned Special Judge, the aforesaid supplier i.e. the petitioner herein, was a beneficiary of the conspiracy. On the basis of these observations, the learned Special Judge exercised his powers under Sec. 351 of the J&K Cr. P. C, which corresponds to Sec. 319 of the Central Cr. P. C, and arraigned the petitioner herein as an accused in the case. It is this order which is under challenge before this Court by way of the instant petition.