GHULAM RASOOL Vs. STATE THROUGH VIGILANCE ORGANIZATION JAMMU

JUDGEMENT

(1.) Under the shade and cover of this revision petition and in the alternative to be treated as a petition under Section 561-A, the petitioner beseeches that the order dated 10.04.2013 passed by the Learned Additional Sessions Judge, AntiCorruption, Jammu in case FIR No. 14/2005 of Police Station Vigilance Organization, Jammu titled "State Vs. Chowdhary Mohammad Hafeez & Ors" where under the petitioner has been ordered to be charged for allegedly having committed offences as are detailed in the impugned order dated 10.04.2013 read with the charge sheet dated 10.04.2013 be set aside.

(2.) The petitioner/accused has been arraigned on a charge of entering into a criminal conspiracy with the accused named Mohd. Ayoub and Others and he while working as Tehsildar Surankote is said to have dishonestly and fraudulently by criminal misconduct and by misusing his official position committed forgery by preparing the fake documents of Faqir Mohd. Zaffar Ahmad, Mohd. Rashid and other prosecution witnesses for obtaining the relief and with the intention of cheating the Government exchequer he is said to have received relief cheques from accused No.1 and then deposited in the bank without their entitlement and is subsequently said to have withdrawn and misappropriated the same without paying them in the Hill Kaka Relief Scheme at Poonch, despite having knowledge that neither he nor those persons were entitled to the said relief, having received the same in violation of the guidelines set out by Deputy Commissioner Poonch, vide Order No. AC/N/29- 30 dated 20.05.2003 and thereby he is said to have committed offences under Section 5 (1) (d) punishable under section 5 (2) of P.C. Act and Sections 420/471/467/468 RPC r/w Section 120- B RPC.

(3.) Heard and considered.