SHAFIQ AHMED Vs. UT OF J&K

JUDGEMENT

(1.) Through the medium of the present petition, the petitioner has assailed the order dtd. 28/10/2021 passed by the court of learned Additional Sessions Judge, Rajouri (hereinafter to be referred as the trial court) whereby the petitioner has been charged for commission of offences under Ss. 5 (1) (d) and sec. 5(2) of J&K Prevention of Corruption Act, Svt. 2006 read with Sec. 120-B and 201 of Ranbir Penal Code.

(2.) The ground stated in the present petition is that even if the entire charge-sheet including the statements of the witnesses is taken to be true on its face value, without questioning the veracity of the statements as well as the material collected in the form of evidence, no offence alleged against the petitioner is made out.

(3.) Mr. Muzaffar Iqbal Khan, learned counsel appearing on behalf of the petitioner vehemently argued that the entire controversy narrows down to the fact that the petitioner is involved in procedural irregularity, norms and rules applicable for attestation of alleged mutations and there is no criminality involved in the act of attestation of mutation so far as the petitioner is concerned. He placed reliance upon the judgment of the Apex Court in case titled "Sajjan Kumar vs. CBI" 2010 (9) SCC 368.