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| 23 yrs ordeal : Then Store-keeper, Acctt acquitted from corruption case as prosecution fails | | | Early Times Report
Jammu, Mar 31 : Additional Sessions Judge Anticorruption Jammu Sanjay Parihar acquitted Javid Iqbal Mir the then Store-keeper Rice Mill Chatha and Hari Lal the then Accountant Tehsil Marketing Society Jammu, who are involved in embezzlement of Rs 1,02,000/-, after more than 23 years investigation trial as prosecution (Vigilance Organization Jammu -VoJ) failed. After hearing Advocates S Inder Singh and BB Kotwal for the accused persons, Additional Sessions Judge Anticorruption Sanjay Parihar after going through the case observed that the defence versions appears to be reasonable trustworthy about the dispute being purely of civil in nature which was capable of adjudication in accordance with provision of J&K Cooperative Societies Act thereby leaving no room for Vigilance Organization to have stepped in or to sit over as an appellant authority over the dispute between the society and its employee. With these observations court acquitted the accused persons. According to the case the accused persons during the period of 1982-1989 have committed embezzlement to the tune of Rs 1, 02,000/- and case u/s 5(2) PC Act 2006 r/w Section 409/120-B and 201 RPC was registered and started investigation in the case. The I/O collected relaxant record and recorded the statement of the witnesses.
The sanction for prosecution has been obtained by the Govt Home Department in the year 1996 and challan was presented in the Court of law on February 25, 1997 against the accused persons and the same was withdrawn on April 24, 1997 on the ground that the sanction by the Govt was invalid because the accused employee of Cooperative Society at the time of commission of offence and as such sanction was required from the Chairman Tehsil Marketing Society Ltd. Accordingly sanction from Chairman being competent authority obtained against store-keeper and the challan was presented in the year of 2000. As per the order of Court August 22, 2003 sanctions are required for prosecution of accused accorded by Chairman of Society on June 28, 2006, who was authorized by Board of Directors against accused Javid Iqbal Mir the then Store keeper, since accused Hari Lal is no more a public servant so no sanction is required against him.(JNF) |
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