2011 Supreme(J&K) 475
Hasnain Massodi
Ghulam Hassan Khan – Appellant
Versus
State & Ors. – Respondent
Advocates Appeared:
Mr. Z. A. Qureshi, Advocate for Petitioner.
None for respondents.
1. The investigation in case—FIR No. 15/1996 under section 5(2), Prevention of Corruption Act read with Section 420, 468, 471 RPC, was concluded as proved by the Police Station Vigilance Organisation Kashmir as against the present petitioner and respondents 2 and 3 and charge sheet, alleging commission of offence punishable under section 420, 468, 472 RPC read with 120(B) RPC filed in the court of Chief Judicial Magistrate, Srinagar. The petitioner and respondents 2 and 3 filed an application before the Chief Judicial Magistrate, Srinagar, pleading therein that the police station VOK had no jurisdiction to investigation the matter much-less file charge sheet against petitioner and respondents 2 and 3 before Chief Judicial Magistrate. It was insisted that the police station VOK had jurisdiction to investigate the matters identified in Prevention of Corruption Act Svt. 2006 read with section 7, J&K Criminal Law (Amendment Act) 1958 and that it was not competent to file charge sheet before any court other than Special Judge Anti-Corruption. It was pleaded that even where the matter initially, having regard to the allegations made, fell within jurisdiction of police station Vigilance O
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