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HC dismisses four petitions, directs for framing charges against them
Quashment of corruption charges
9/6/2013 10:30:12 PM
EARLY TIMES REPORT

Jammu, Sept 6 : In the four petition filed by Dr Kulbhushan Nahar & ors, Lalit Aditya Kachoor (two petitions filed by him) and Satish Kumar challenging order of Sessions Judge Anti Corruption, Jammu the Court directed for framing charges against them.
Justice Mansoor Ahmed Mir after hearing ASGI KK Pangotra appearing for the CBI and lawyers for the petitioners observed that KK Pangotra, ASGI, argued that as the petitioners/accused were involved in the commission of crime, therefore, FIR was rightly lodged against them.
Court after examining the final report, the evidence collected during investigation, the documents seized and thrashing out the arguments advanced at the stage of framing of charges prima facie came to the conclusion that there were grounds to presume that the petitioners-accused were involved in the commission of offence punishable under Section 5(2) read with Section 5(1)(d) of the PC Act and Section 120-B read with Section 420 of the RPC.
Accordingly, the trial court directed for faming of charges against them vide impugned order dated 18.05.2011. Petitioners/accused pleaded not guilty and claimed to be tried. Court is of the considered view that no case for interference is made out.
Court deemed it proper to dismiss all these petitions with costs of Rs.50,000/- each and orders the amount of costs be deposited within a period of one month from today, to be utilized for the welfare of orphans by the Social Welfare Department.
Here it needs to mention that during investigation material documents were seized by the Investigating Agency and prima facie it came to the conclusion that the petitioners/accused involved in the commission of aforesaid offences.
Accordingly, charge sheet in terms of the mandate of Section 173 of the Code of Criminal Procedure came to be presented before the Court of Special Judge Anti Corruption, Jammu. (JNF)
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