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| HC refuses to quash Anticorruption Court order | | | Early Times Report
Jammu, Sept 21- Refusing to quash the impugned order of the Special Judge Anti-Corruption for framing charges against the accused in corruption case, Justice Mohammed Yaqoob Mir of Jammu and Kashmir High Court has held that order impugned is suggestive of the fact that Trial Court has correctly appreciated and has thereafter framed the charge. The grounds projected can be valid grounds for the setting-up the defence before the Trial Court where proper Trial has to follow. The petitioner/accused has very right to defend and to clarify the position about the misappropriation as well as falsification of the accounts and also to clarify the position regarding alteration in cash book. Power exercisable u/s 561-A Cr PC is to be exercised sparingly when it will appear that cause of justice is likely to become causality. In the back drop of the settled principles, no case is made out and the petition along with connected CMP is dismissed, the Court ordered.
GC Rajgotra the then cashier during his posting in Kendriya Vidalaya Miran-Sahib from July 2, 2000 to November 20, 2000 had collected various sums on different occasions from various class teachers on account of Vidalaya Vikas Nidhi Fund, activity fee, TA/DA settlement etc and out of this misappropriated Rs 4756 by making alterations in the cash book with dishonest intention. Anticorruption Jammu framed charges u/s 409/477-A RPC section 5(2) r/w section 5(1) (c) of J&K Prevention of Corruption Act 2006 against the accused. Aggrieved by the decision the accused petitioner filed a petition in the High Court seeking quashment of the order of Special Judge Anticorruption Jammu. The HC observed that petition is devoid of merits and hence dismissed. JNF
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