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Court acquits then cashier J&K Minerals in misappropriation case 1/4/2020 12:45:02 AM EARLY TIMES REPORT JAMMU, Jan 3 : Additional Sessions Judge Anti-Corruption Jammu CL Bavoria acquitted Jagdev Kumar, son of Sarda Ram of Tarore, Tehsil Samba, the then cashier J&K Minerals Ltd. Jammu in misappropriation of Rs 8 lakh whereas Rajinder Kumar Kharoo, son of Amar Nath Kharoo of H No 59, East Extension, Mattoo Mohalla Marble Market, Jammu, the then FA/CAO J&K Minerals Ltd, Jammu is dead, as VOJ failed to prove its case. Court after hearing Adv KS Charak for the accused observed that the prosecution is bound to show that before sanctioning the prosecution the authority has really applied its mind to all the facts by which the offence sought to be proved against the accused. This should normally appear from the order of the sanction. But if it does not so appear than the prosecution may prove by producing the facts on which the prosecution is to be launched. The facts upon which the accused is to be prosecuted must appear on the face of the sanction and if they do not, it must be proved by the prosecution by examining evidence 'allunde' that the necessary facts were placed before the sanctioning authority concerned on consideration of those facts. Court further observed that having taken in regard the clue from the aforesaid judgments as rendered by the Supreme Court and the High Courts and applying the same to the facts and circumstances of the present case, this Court have no hesitation to conclude that the sanction granted in the case is without application of mind of the competent authority. No evidence of any kind has been produced to satisfy the court that the investigating officer had placed the record before the sanctioning authority and the sanctioning authority has perused the record and then assumed satisfaction for granting of sanction. The prosecution case fails on the legal technical ground as such the accused is hereby acquitted. His bail bond and personal bond shall stands released. JNF   Share This News with Your Friends on Social Network     Comment on this Story

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