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| High Court sets aside CBI Court's discharge order, directs framing of charges | | | Early Times Report
JAMMU, May 29: In an appeal filed by the CBI in a trap case, the Jammu & Kashmir and Ladakh High Court has quashed the order of the Trial Court and directed the framing of charges against the accused person.
The prosecution's case, as presented in the charge sheet, revolves around a written complaint submitted by the complainant, Shri Harjeet Singh, to the Central Bureau of Investigation (CBI), Anti-Corruption Bureau, Jammu. The complainant alleged that he retired from Radio Kashmir, Jammu in June 2011 and had applied for the grant of MACP, which was pending due to demands for bribes by the respondent and another accused, Jagdish Kumar Raina.
The Trial Court discharged the respondent, citing a lack of evidence that could establish the grave suspicion of the accused demanding and accepting bribes. The Trial Court also noted that the alleged bribe money was paid by the complainant to the other accused, and the accused's actions, even if presumed to have involved the respondent, did not fall under the definition of 'demand'.
Justice Rajnesh Oswal, after hearing both sides, observed that the Trial Court had conducted a mini-trial and erroneously discharged the respondent. The evidence showed that the complainant and accused Jagdish Kumar Raina entered the respondent's office, conversed in Kashmiri/Hindi, and the complainant made a bribe payment. The accused accepted the money, placing a portion in his own pocket and the rest in the respondent's table drawer, all in her presence. Additionally, the complaint explicitly mentioned the accused demanding bribes for clearing the MACP case. These circumstances were deemed sufficient to warrant the framing of charges against the respondent.
In light of these observations, Justice Rajnesh Oswal set aside the Trial Court's order and directed the Trial Court to frame charges against the respondent for offenses under Sections 120-B, 161 RPC, and Section 5 (2) read with Section 5 (1) (d) of the J&K Prevention of Corruption Act. The Trial Court was instructed to proceed with the case accordingly. |
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