STATE OF J&K Vs. ZAFARULLAH AND OTHERS

JUDGEMENT

(1.) This revision petition has been presented by the State through SSP Vigilance Organisation, Kashmir for setting aside the order of discharge passed by the Special Judge, Anti Corruption Kashmir (the trial court) in case FIR No. 10 of 93 P/s VOK in criminal file No. 28B of 1997 State v. Gazanfer All Beigh and others.

(2.) A charge sheet under Sections 5(1(c)(d) r/w Section 5(2) PC Act 2006, 167-A, 467,468,471,201 r/w 120-B RPC was filed by the Vigilance Organisation Kashmir (VOK) against 61 accused persons before the trial court. The matter related to the misappropriation of about Rs. 8 Crore of government money allegedly by the accused persons shown in the charge.

(3.) On filing the charge sheet against the accused the trial court heard the prosecution as well as the defence on the charge and discharge of the accused and on consideration of the material on record came to the conclusion that there were no grounds to proceed against accused Zafarullah (A-8), Bashir Ahmad Mir (A-18) Molvi Nasir Ali (A-20) Abdul Gani Gadyari ( A- 21) G.M. Makroo (A-22 )Abdul Majid Gangoo (A-34) and Uraj Singh (A-61). The court therefore discharged these accused persons under these offences.