NASEER AHMAD MALIK Vs. STATE OF JANDK

JUDGEMENT

(1.) ORDER dated 1st April 2009 passed by learned 1st Additional Sessions Judge Srinagar on file No. 88/N titled State v. Wali Mohammad Sheerwano is called in question by the petitioners in this petition u/S. 561-A, Cr. P.C. The record reveals that the case FIR No. 77/1997 was registered against the petitioners in Police Station Vigilance of Kashmir for allegedly having committed offences u/S. 5(2) Prevention of Corruption Act. The investigation conducted in the case culminated in filing of report u/S. 173, Cr. P.C. before the Court of competent jurisdiction. The trial Court has heard the accused as also the prosecution in the matter of framing the charge or otherwise. It is submitted at bar by the learned counsel for the petitioner that the learned trial Judge has already directed for framing of charge against the petitioners u/S. 5(2) of Prevention of Corruption Act.

(2.) THE record further reveals that the allegations against the petitioners are that the petitioners were appointed in the Government service allegedly by producing fake category certificates. Their services were terminated vide Government order No. 16-EDU of 2003 dated 16 January, 2003. The petitioners challenged the said termination order in a writ petition before this Court and this Court vide its order dated 2nd August, 2005 quashed the termination order providing liberty to the respondents/State to conduct the enquiry into the matter. The impugned order reveals that the enquiry committee was constituted by the Government which resulted in dropping the proceedings against the petitioners in terms of Government Order No. 354/EDU of 2008 dated 15th June, 2008 and Government Order No. 500-EDU of 2008 dated 3rd October 2008. The Enquiry Committee arrived at a conclusion that the certificates produced by the petitioners were not fake but were genuine.

(3.) AN FIR u/S. 154, CPC is registered in Police Station when the complaint discloses commission of cognizable offences. Thereafter, in terms of the scheme of the Code of Criminal Procedure, if the Investigating Officer has reason to suspect commission of the offence as alleged in the complaint then he embarks upon investigation. During the investigation, the Investigating Officer records the statements of the prosecution witness and seizes the documents necessary to prove the allegation against the accused. After the conclusion of the investigation, if the Investigating Officer is satisfied that prima facie case for trial is made out then he submits the report u/S. 173, Cr. PC. to the Court of competent jurisdiction.