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High Court quashed proceedings against then Tehsildar Surankote
Infamous Hill-kaka Scam
10/17/2018 10:05:09 PM
Early Times Report
JAMMU, Oct 17: Justice MK Hanjura quashed charges as well as chargesheet against Ghulam Rasool then Tehsildar Surankote who was challaned by the VOJ in much publicized Hill-Kaka Scam.
Justice MK Hanjura after hearing Sr. Adv PN Raina with Adv JA Hamal for the petitioner whereas Deputy AG Raman Sharma for the State observed that Judicial process is a solemn proceeding, which cannot be allowed to continue where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused and the High Court for that matter this Court will not hesitate in exercising its jurisdiction under Section 561 -A Cr.P.C to quash the proceedings against the accused
With these observations, High Court Set aside the order dated 10.04.2013, passed by the Learned Additional Sessions Judge, Anti-Corruption, Jammu, in case FIR No. 14/2005 of Police Station Vigilance Organization, Jammu as a corollary to which the charge-sheet filed against the petitioner in the aforesaid case is also quashed.
The Vigilance organization after receiving information through reliable sources that a large scale misappropriation of public money was caused in the distribution of relief meant for the families by operation "Sarpvinash" carried out by the security forces in Hill Kaka area of District Poonch during the year 2005 registered a case under FIR No 14/2005 on October 21, 2005. During the investigation it was revealed Ghulam Rasool then Tehsildar Surankote and Mohammed Ayub then Patwari had deceitfully opened 13 bank accounts in the name of different beneficiaries and subsequently withdrew money from these accounts through cheques. The accused public servants by abusing their official position had dishonestly and fraudulently shown disbursement of relief in favour of 283 beneficiaries while as only 34 beneficiaries were found genuinely paid in accordance with their actual entitlement while 26 beneficiaries, though entitled, were paid relief much in excess of their entitlement, six beneficiaries were paid twice and 217 beneficiaries were found not eligible to the relief. In this manner the accused public servants were found to have caused a loss of Rs. 2,46,68,057 to the State Exchequer.
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