MUMTAZ HUSSAIN BHAT Vs. PRINCIPAL SECRETARY TO GOVT.

JUDGEMENT

(1.) In this application filed under Section 526 Cr.P.C., the petitioner inter alia seeks retaining of challan No.10 dated 30.04.2010 titled 'State through VOJ vs Mumtaz Hussain Bhat', which is pending before the court of learned Special Judge, Anticorruption, Jammu, with a prayer that the same be tried by the afore said Court instead of transferring it to the Court of learned Additional Sessions Judge, Rajouri.

(2.) Brief facts of the case are that in 2007 an FIR No. 1/2007 came to be registered against the applicant by the respondent allegedly for the commission of offences u/s 5(1)(e) read with section 5(2) the J&K Prevention of Corruption Act Samvat 2006. Subsequently after investigation, the challan was produced on 01.05.2010 before the court of learned Special Judge, Anticorruption Jammu where after on 04.11.2011 charges were framed against the applicant and the prosecution was directed to lead their evidence. The prosecution as on date recorded the statements of about 7 witnesses and the matter is pending trial for prosecution witnesses. It is further stated that during the pendency of aforesaid challan the applicant had been diagnosed as cancer patient of high grade and got his treatment from Rajiv Gandhi Cancer Institute and Search Center, New Delhi, where the applicant had been operated upon. The urine bladder of the applicant was completely removed and an artificial bladder was created. The applicant is suffering from a dreaded disease and even as on today he is under treatment and on many occasions the hemoglobin of the applicant was decreased upto 5 gm. The applicant is facing serious life threat on account of the aforesaid cancer disease and due to the aforesaid health problem of the applicant, the learned trial court vide its order dated 04.11.2011 while framing the charges against the applicant, exempted permanently from personal appearance and with effect from 04.11.2011 he is being represented through his counsel. The respondent No.1 has now issued a communication conferring the jurisdiction of all the cases of District Poonch and Rajouri pertaining to the Prevention of Corruption Act upon the learned Additional Judge, Rajouri, thereby excluding the jurisdiction of learned Special Judge, Anticorruption Jammu.

(3.) The applicant is aggrieved of the aforesaid order to the extent it divested the jurisdiction of learned Anticorruption Jammu to try the aforesaid challan and seeks retaining of the aforesaid challan before the same court, under Section 526 Cr. P. C. read with section 561-A Cr.P.C amongst other on the following grounds:-