CENTRAL BUREAU OF INVESTIGATION Vs. HAZRA KHAN

JUDGEMENT

(1.) Impugned in this Revision Petition is the order dated 3rd of March, 2014 passed by the Court of learned Special Judge, Anti-Corruption (Central Bureau of Investigation Cases) Jammu and Kashmir, Jammu (herein after referred to as 'the trial court'), in case titled 'Central Bureau of Investigation v. Smt. Hajra Khan and Anr.', whereby the respondent has been discharged in respect of the allegations levelled against her for the commission of the offences under Ss. 120-B, 161 RPC and Sec. 5 (2) read with Sec. 5 (1) (d) of the J&K Prevention of Corruption Act, Samvat, 2006.

(2.) The order impugned has been assailed by the petitioner, inter alia, on the grounds that the learned trial Court has passed the order impugned as if the court was passing the final judgment after appreciating the evidence and further that the statement of the complainant was clear that the accused No.1/ respondent herein was involved in demanding and accepting bribe through accused No.2.

(3.) Mr Tahir Majid Shamsi, the learned Deputy Solicitor General of India (DSGI), appearing on behalf of the petitioner, vehemently argued that the learned trial Court has appreciated the evidence while discharging the respondent, which is not permissible in law and further that the complainant has categorically stated in his statement during investigation that in the presence of the respondent, the bribe money was accepted by the other accused, who, after retaining half of the bribe money, which he put in his left pocket of the shirt, kept the remaining amount in the drawer of the table of the respondent in her presence.