EAPEN CHACKO Vs. STATE OF J&K

JUDGEMENT

(1.) PETITIONER has invoked jurisdiction of this court in terms of section 561 -A Cr. P.C. for quashing of FIR No. 35/2000 and the orders passed by the Special Judge, Anti -corruption, Srinagar. Virtually, petitioner has sought quashing of FIR and the proceedings taken there -on by the trial court.

(2.) IT is averred in the petition that no amount has been drawn from the treasury and thereby no loss has been caused to the State exchequer. The petitioner is not involved in the conspiracy and there is no allegation contained in the FIR read with charge sheet that the petitioner was involved in the conspiracy.

(3.) THE averments contained in the petition and the arguments advanced by learned counsel for the petitioner are not worth consideration for the simple reason that these are the questions to be gone into during trial, but prima facie the trial court has specifically opined that the petitioner and the officials of the J&K Lakes and Waterways Development Authority (for short LAWDA) hatched a conspiracy in order to purchase several spare parts from the petitioner on higher and exorbitant rates when same were available in the market at low rates. It is apt to reproduce relevant portion of the judgment hereunder: -