JATINDER NATH BAKSHI Vs. STATE OF J&K

JUDGEMENT

(1.) THE order dated 25th of October, 2008 passed by Special Judge Anti Corruption, Srinagar - Kashmir is sought to be quashed in this petition.

(2.) A communication was addressed by one Spectra Vision Consultants to the then Chief Engineer, J&K UEED, Srinagar dated 10th of October, 1993 which post at that time was held by the present petitioner, informing him that the Spectra Vision Consultants are architects and model makers and Engineering consultants. It was further conveyed through this communication by the author of the communication who is shown to be some Shafiq Ahmad that he read news item in the National Press and learnt that measures are being taken by the State Government for restoring the health and environment of Dal Lake. It was proposed by the said firm that they would like to prepare a model for the Dal Lake showing all the roads, villages, residential houses and other works in the vicinity of the lake and also the encroachments made therein. It was further informed that in case department is interested to take up work, the agency will prepare the model for the department at the rate of 3.25 lacs (rupees three lacs twenty five thousand only) quoted in the said communication. This communication is placed on record of this petition and is relied upon by the learned counsel for petitioner. This communication is also stated to be part of the material which has been produced before the learned Special Judge Anti Corruption, Srinagar -Kashmir along with report under section 173 Cr.P.C. This communication reveals that Chief Engineer on 14th of October, 1993 marked the communication to Executive Engineer with the observation that "I agree that a model be got prepared pinpointing all details. This be got expedited." Subsequently, petitioner wrote communication to Commissioner/Secretary to Government, Housing and Urban Development Department, J&K Government, Srinagar bearing no. UEED/1044 -46 dated 29 -06 -1994 in which the said authority was informed that petitioner has received a communication from Executive Engineer, Lake Division No. 1st, Srinagar in which it was alleged that model was taken away by some unidentified person and thrown in the lake. The present petitioner in the said communication informed the above authority that he has directed the Executive Engineer to write off the item as it will not be advisable to lodge FIR with the Police, in the face of threat to the lives of the staff members carrying the model and request was made for approving the action taken.

(3.) HOWEVER , it surfaced that Spectra Vision Consultants is a non existing firm and the petitioner in criminal connivance with the Executive Engineer manipulated everything for causing wrongful loss to State exchequer and wrongful gain to himself by abuse of his official position. An FIR 60/97 was accordingly registered with the Police Station, Vigilance Organization, Kashmir for commission of offence under Section 5(1)(d), Prevention of Corruption Act, read with Section 120 -B RPC against the Executive Engineer. After conclusion of the investigation report under Section 173 Cr.P.C was filed before the leaned Special Judge Anti Corruption, Srinagar -Kashmir. Learned Special Judge Anti Corruption, Srinagar -Kashmir after considering material on record not only ordered for framing of charge against accused who was send up for trial but the learned trial Judge in terms of section 190 Cr.P.C. ordered that present petitioner be arrayed as accused and notice for his appearance was ordered to be issued to him. This order is challenged in this petition by the petitioner inter alia on the grounds that material collected by the investigating agency during the investigation of the case does not even remotely inculpate the present petitioner for the alleged commission of offence and has been wrongly ordered to be summoned by the learned Judge.