MANZOOR AHMAD KHAN Vs. STATE

JUDGEMENT

(1.) Petitioner herein, faces trial on the charge of offences punishable under section 409, 109, 201, RPC and has been vide trial court order impugned in the petition formally charged of the offences alleged in charge sheet. Petitioner through the medium of instant petition under section 561-A Crimial P.C. seeks quashment of trial court order dated 29-9-2009, whereby he has been ordered to be formally charged of the aforementioned offences as also the proceedings emanating therefrom. First an overview of allegations set out in the charge sheet against petitioner.

(2.) Shri Bashir Ahmad Khan, Assistant Director (Store) on 4th May, 2007, vide his No. CAPD/ADS/I-149/8852 lodged a written compliant with Police Station, Awantipora alleging therein that physical verification/counting of gunny bags at Consumer Affairs and Public Distribution (CAPD) godown at Lethpora revealed a shortfall of 17,71,646 empty gunny bags up to 31st Dec. 2006. The report identified Shri Abdul Majeed Khan and present petitioner as the officials responsible for custody of the misappropriated property and the shortfall. Receipt of the aforementioned communication led to the registration of case FIR No. 62/2007 under section 409, 109 RPC at Police Station, Awantipora. The investigation was taken over by Shri Nissar Ahmad Mir, Inspector 4518/NGO-SHO, Awantipora. Shri Masood Ahmad Baig, Inspector 3082/NGO Police Station Awantipora and Mohammad Ashraf Bakshi, Sub Divisional Police Officer, Awantipora, also conducted part investigation and it was concluded by Shri Mohammad Yaqoob, DSP, Awantipora. The investigation was concluded as proved against Abdul Majeed Khan and the present petitioner and the charge sheet alleging commission of offences punishable under section 409, 107, 201 RPC found prima facie proved against the accused. Police station Awantipora accordingly laid a charge sheet before Learned JMIC, Pampore on 21.9.2007. Learned CJIM on going through the charge sheet, statement of witnesses recorded under section 161 Crimial P.C. and other material appended therewith and upon hearing the prosecuting officer and the accused as required under section 251-A Crimial P.C. found the accused to have prima-facie committed the offences punishable under section 409, 109, 201 RPC. He accordingly decided to formally charge the accused of the aforementioned offence. Charges where framed on 20.10.2008. The accused pleaded not guilty and the prosecution was asked to adduce evidence to substantiate the charge.

(3.) Petitioner seeks quashment of order dated 29.09.2008 in exercise of inherent powers under section 561-A Crimial P.C. on the grounds set out in the petition.