STATE OF J&K Vs. GH RASOOL BHAT

JUDGEMENT

(1.) THIS Criminal Revision is directed against the order dated 28th of April06, passed by the learned Special Judge, Anticorruption, Srinagar.

(2.) THE case of the petitioner is that respondent who was working as Patwari at Halqa Natipora, Tehsil Chadoora, took bribe of Rs. 4800/ - from one Ali Mohammad Dar on the pretext that he will deposit the said money as levy in the treasury and will get the land of one Shamboo Nath comprised in Khasra No.923, situated at Natipora, mutated in favour of aforementioned Ali Mohd Dar. The respondent, however, did not deposit the said amount in the treasury and embezzled the same. On receipt of complaint, investigation was conducted and it was established that the respondent has done the embezzlement. Accordingly, sanction was accorded by the competent authority to prosecute the respondent on 22nd of June89. Challan was filed in the court of Special Judge, Anticorruption, Srinagar, on 3rd of April06.

(3.) MR . Shah, learned Dy.AG, appearing for the petitioner -State submitted that the court below passed the impugned order and discharged the respondent -accused solely on the ground that the sanction order was in cyclostyle form and no original sanction was produced. It is stated that the learned trial court should have granted sufficient time to the petitioner -State for placing on record the original sanction. Placing reliance on a judgment dt. 10th of April09, passed in Criminal Revision 30/2006, titled State of J&K v. Peerzada Ghulam Rasool and ors, learned Dy.AG, submitted that under similar circumstances, this court in the aforementioned case had allowed the criminal revision and directed the trial court to proceed in the matter in accordance with the law.