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| HC upholds order of Anticorruption Court, dismisses revision petition | | | Early Times Report
Jammu, Nov14-Upholding the order of the Anti-Corruption Court, the Jammu and Kashmir High Court in a criminal revision filed by state of Jammu and Kashmir challenging the order of Special Judge Anti-Corruption observed that no inference is called for in the present revision petition hence the same is dismissed accordingly.
This order was passed by Justice Sunil Hali in a criminal revision filed by State of J&K challenging the order of Special Judge Anticorruption Jammu whereby the Trial Court on May 3, 2006 discharged Ghulam Nabi Bhat working as Flock Supervisor in migratory Sheep Project Hira Nagar and was booked u/s 5(2) of PC Act 2006 r/w section 420/467/468 and 471 RPC.
The allegation against Ghulam Nabi Bhat then Flock supervisor is that while his posting in the migratory sheep project he misappropriated two rams by preparing false record by misusing his official position. The accused, who was handed over five Marino Rams in the year 1995-96 had shown them dead and deleted from the record. The accused while admitting the custody of the said rams produced the post-mortem report of three rams only, it was thus alleged that the respondent misappropriated two rams by preparing false record by misusing his official position. As a result of this an FIR was registered and after completion of the investigation challan was presented in the Court. The Special Judge Anticorruption on May 3, 2006 discharged the accused at the stage of framing charge. The State challenged the same in which Additional Advocate General Gagan Basotra appeared for the state and Advocate IH Bhat appeared for the respondents.
After hearing both the sides and perusing the record, Justice Hali observed that the dispute in the present case is that two rams were misappropriated by the respondent for which no post-mortem report was produced by him. During the course of investigation, it was found that the post-mortem of all the rams was conducted by two doctors. No efforts, however, were made by the Investigating Officer to get the statement of these doctors recorded. The Trial Court after perusing the evidence and taking note of the facts has rightly come to the conclusion that no misappropriation of the rams has been proved by the prosecution and dismissed the revision petition filed by the State. JNF
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