U.T. OF J&K Vs. KUNAL SHARMA

JUDGEMENT

(1.) In Crl R No. 26/2021, the petitioner-UT of J&K has impugned the order dtd. 27/3/2021 passed by the court of learned Special Judge Anti-Corruption, Udhampur (hereinafter to be referred as the trial court") in case, titled,"State of J&K Vs. Kunal Sharma and others" arising out of FIR No. 12/2011 registered with Police Station, Vigilance Organization, Jammu, whereby the respondent-Kunal Sharma has been discharged in respect of the allegations levelled against him for the c/w commission of the offences under Sec. 5(1) (d) read with Sec. 5(2) of J&K Prevention of Corruption Act, 2006 and Sec. 120-B RPC .

(2.) In other connected petitions, the petitioners are Hukam Chand (Girdawar), Om Parkash (Patwari) and Swarn Salaria and they have assailed the same order whereby they have been charged for the commission of offences under Sec. 5(1) (d) read with Sec. 5(2) of J&K Prevention of Corruption Act, 2006 and Sec. 120-B RPC.

(3.) In the criminal revision petition filed by the petitioner-UT of J&K, the order has been impugned on the ground that the learned trial court has failed to consider the material placed on record by the Investigating Officer in the shape of report submitted by the Naib-Tehsildar to the respondent No. 1 and the inter se communications between the Naib- Tehsildar (now dead) and the respondent No. 1.