Early Times Report
Jammu, Nov 5 (JNF): J&K High Court Jammu Wing today dismissed three petitions filed by five employees Hans Raj, Hussain Baksh then Zonal Officer and Majid Hussain, Bua Ditta and Chaman Lal were employees in the office of Relief and Rehabilitation Department seeking quashment proceedings pending before the Trial Court.
Justice Hasnain Massodi of J&K High Court Jammu Wing dismissed three petitions filed by above mentioned employees associated with the office of Relief and Rehabilitation Department seeking quashment proceedings pending before the Trial Court.
Justice Hasnain Massodi after hearing lawyers appearing for the petitioners observed that Court find all the grounds urged in the petitions as factual and better to be left for the trial court to decide and not to be dealt with in exercise of inherent powers under Section 561-A CrPC. While the grounds urged may constitute a good defence before the trial court but cannot be pressed into service in a petition under Section 561-A as such a petition cannot be used to hi-jack the proceedings from the trial court and step into the shoes of trial Court. With these observations all petitions are dismissed and the trial court having regard to long pendency of the matter directed to proceed in the matter with due dispatch. "Trial Court may not insist on personal appearance of such of the petitioners who because of old age or otherwise are not in a position to appear before the trial court on each and every date, except where their presence is required to make progress in the trial, court said. According to the case that Police Station, Crime Branch, Jammu on September 28, 1999 received a complaint from Surain Singh S/o Makhan Singh R/o Railway Line New Batein Mira-Sahib Jammu alleging therein that one Inderjeet Singh working in PHE Department has fraudulently got himself registered as migrant and has been receiving cash relief since February, 1992 without being entitled to such relief. Crime Branch Jammu instead of registering case decided to hold a preliminary enquiry into the matter. The enquiry prima facie substantiated the complaint prompting Police Station Crime Branch to register case FIR no.8/2000 under sections 120-B, 419, 420, 467, 468, 471 RPC. The investigation was concluded as proved against Inderjeet Singh as also against Hussain Baksh, Chaman Lal, Hans Raj, Majid Hussain and Bua Ditta officials/officers of the Relief and Rehabilitation Department. The accused were formally charged of offences punishable under Sections 120-B, 419, 420, 467, 468, 471 RPC on 15th April, 2010. The accused Hans Raj, Hussain Baksh were at the time of alleged occurrence Zonal officers whilst Majid Hussain, Bua Ditta and Chaman Lal were employees in the office of Zone 21 of Relief and Rehabilitation Department. |
