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| Court accepts ACB closure report against ex-JMC Commissioner | | |
Early Times Report
JAMMU, Oct 5: Additional Sessions Judge Anticorruption Jammu CL Bavoria accepted the Anti-corruption Bureau (ACB) closure report against Ex-JMC Commissioner Mubarak Singh & ors in FIR No 6/2012. While accepting the closure report, Court observed that this report assumes jurisdiction to show indulgence, if the facts reveal commission of a cognizable offence by a public servant and the inaction on the part of investigating officer to bring the culprit to justice, but the investigation report reveal that the involvement of BOCA officers/officials is hard to believe. The mess of facts of remaining pending of permission case of the applicants for long period, in the opinion of investigating officer, does not qualify for penal action against the government officials, because in this period the case passes through various hands and no motive or ill intention on their part is manifest from record. I do not find any genuine reason to arrive at a conclusion different from the one drawn by investigating officer, because a public servant cannot be put to trial simply on the basis of suspicion alone. There must be at least a prima facie case made out, to book a public servant and nothing conclusive has emerged from the evidence collected by successive Investigating Officers which could suffice to form an opinion against the government officers/officials or against the applicants and in such circumstances the court is left with no option but to accept the closure report, as it is. The delay appears to have been caused in granting the permission no doubt is a serious concern for which the departmental action may be warranted as stated by the IO but this cannot in no way stated to be of criminal. The court is satisfied that the conclusion are arrived at by IO, VOJ is based on the record and the investigation. The same requires no interference by this court. Therefore, the final report dated 20.09.2018 arising out of FIR No. 06/2012 of VOJ is accepted. (JNF) |
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