PAWAN SHASTRI Vs. UT OF JAMMU AND KASHMIR

JUDGEMENT

(1.) Through the medium of this petition preferred under Sec. 482 of the Code of Criminal Procedure, petitioners seek quashment of Order dtd. 23/10/2019, passed by Special Judge (Anticorruption,) Jammu, for short "court below", in File no.03/2019/Ikhtami in FIR no.09/2014, on the grounds made mention of therein. They also pray to declare FIR no.09/2014 police station VOJ (now Anticorruption Bureau) Jammu as illegal and abuse of powers of investigation since neither respondent no.2 could be accepted to be a person competent or aggrieved of lodging complaint nor could such a complaint after a delay of more than 18 years have been entertained.

(2.) I have heard learned counsel for parties. I have gone through the record on the file and considered the matter.

(3.) FIR no.09/2014 under Ss. 5(1)(d), 5(2) of J&K P. C. Act and Sec. 120-B RPC, on a complaint of one Prof. S. K. Bhalla, who is respondent no.2 herein, was lodged by the then police station Vigilance Organization, Jammu, now Anticorruption Bureau (ACB). Consequently, investigation was set in motion by ACB. This concluded in closure of the case as not proved. Report to this extent was filed. However, court below held findings of investigating agency devoid of any reason and did not accept it. The court below returned the final report, directing SSP ACB Jammu to carry out further investigation.