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2011 DIGILAW 525 (JK)

Ghulam Hassan Khan v. State & Ors.

2011-09-29

Hasnain Massodi

body2011
1. The investigation in case—FIR No. 15/1996 under section 5(2), Prevention of Corruption Act read with Section 420, 468, 471 RPC, was concluded as proved by the Police Station Vigilance Organisation Kashmir as against the present petitioner and respondents 2 and 3 and charge sheet, alleging commission of offence punishable under section 420, 468, 472 RPC read with 120(B) RPC filed in the court of Chief Judicial Magistrate, Srinagar. The petitioner and respondents 2 and 3 filed an application before the Chief Judicial Magistrate, Srinagar, pleading therein that the police station VOK had no jurisdiction to investigation the matter much-less file charge sheet against petitioner and respondents 2 and 3 before Chief Judicial Magistrate. It was insisted that the police station VOK had jurisdiction to investigate the matters identified in Prevention of Corruption Act Svt. 2006 read with section 7, J&K Criminal Law (Amendment Act) 1958 and that it was not competent to file charge sheet before any court other than Special Judge Anti-Corruption. It was pleaded that even where the matter initially, having regard to the allegations made, fell within jurisdiction of police station Vigilance Organisation, the charge sheet in the event of investigation, commission of offence contemplated by Prevention of Corruption Act Svt 2006 and Section 7, J&K Criminal Law (Amendment Act) 1958, was not established and only offence prima facie found to have been committed by the accused, were punishable under Ranbir Penal Code or any other penal law, the right course for the Police Station Vigilance Organisation was to report the matter to the police station having jurisdiction over the matter and allow the police station concerned to proceed in the matter in accordance with law. The application was rejected by Chief Judicial Magistrate vide order dated 29.07.2004 and the petitioner and respondent No. 3 formally charged of the offences alleged in the charge sheet. 2. The petitioner filed a petition under Section 561-A Cr. P.C registered as No. 48/2004, assailing the Trial Court order dated 29.07.2004. The trial remained in abeyance for next seven years till the petition under section 561-A Cr. P.C was dismissed on 10.06.2011 and the Trial Court directed to proceed with the trial. 3. The petitioner again invokes inherent powers under section 561-A Cr. P.C read with Section 94 Constitution of Jammu and Kashmir for appropriate orders. The trial remained in abeyance for next seven years till the petition under section 561-A Cr. P.C was dismissed on 10.06.2011 and the Trial Court directed to proceed with the trial. 3. The petitioner again invokes inherent powers under section 561-A Cr. P.C read with Section 94 Constitution of Jammu and Kashmir for appropriate orders. The petitioner's Case is that an important aspect of the matter spelt out in Para 04 of the petition has not been dealt with by the Court while deciding the earlier petition under section 561-A Cr. P.C. It is pleaded that the Court has not considered whether the Vigilance Organisation of Kashmir has taken cognizance of an offence that does not fall within the definition of criminal conduct as defined under section 5(2) Prevention of Corruption Act Svt. 2006. 4. Heard, perused and considered. 5. The plea that the Court while dealing with earlier petition under section 561-A Cr. P.C registered as No. 48/ 2004 has not dealt with grounds urged in the petition, is raised unmindful of the discussion made while dealing with the aforesaid petition. This Court in the order dated 10.06.2005, while appreciating the case set up by petitioner against the settled legal position, observed as under:- "It is thus clear that the police station Vigilance Organizations Kashmir, and Police Station Vigilance Jammu are competent to investigate an offence punishable under Section 5(2) Prevention of Corruption Act and SS. 161, 165 and 165-A Ranbir Penal Code and while conducting investigation follow provisions of Code of Criminal procedure. Conversely the Police Stations vigilance organisation are not authorized to investigation any offence other than aforementioned offences." This Court proceeded to further observe:- "In the present case Police Station Vigilance Organisation has investigated offences punishable under Section 420, 468, 47-A reed with 120(b) Rambir (Ranbir) Penal Code, the investigation whereof admittedly does not fall within jurisdiction of Police Station Vigilance Organisation Kashmir. The Police Station Vigilance Organisation Kashmir has concluded the investigation and even presented Charge-sheet in the Court of Chief Judicial Magistrate Srinagar, cognizance whereof stands taken by the Court and the accused even formally charged of the offences alleged in the Charge-sheet." 6. In view of observations made by the Court, the petitioner cannot be heard saying that Para 04 urged in the petition was not dealt with by the Court. In view of observations made by the Court, the petitioner cannot be heard saying that Para 04 urged in the petition was not dealt with by the Court. However, the Court for the reasons discussed in the order held the above observations not to have any negative fallout on the charge sheet presented by the Vigilance Organisation Kashmir against petitioner and respondents 2 & 3 or to strip of the Chief Judicial Magistrate of jurisdiction to take cognizance of the matter or to cast a cloud on the proceedings emanating from the charge sheet. 7. For the reasons discussed, the petition is devoid of any merit and does not deserve to be entertained. 8. The petition is accordingly dismissed. 9. Copy of the order be sent down.