BASHIR AHMAD MALIK Vs. CBI AND ANOTHER

JUDGEMENT

(1.) In this Criminal Revision, the petitioner, accused, has called in question order dated 27.12.2003 passed by the learned Special Judge, Anti Corruption, Jammu, in case titled State v. Shri Bashir Ahmad Malik, on the grounds taken therein.

(2.) It appears that an FIR was lodged against the petitioner which set the CBI authorities in motion. After conducting investigation, they closed the case as not proved and, in terms of Section 173(2) of Code of Criminal procedure (Cr.P.C. for short), submitted the report before the Court of Special Judge, Anti Corruption, Jammu.

(3.) The Trial Court, after examining the report, did not agree with the report and directed re-investigation of the matter. While doing so, the court also passed remarks against the investigating agency. The last three paragraphs of the impugned order dated 27.12.2003 are reproduced hereunder for ready reference: