Important Point – Order framing charge is not purely an interlocutory order nor a final order.

Sanjay Kumar Gupta, J.

In the instant criminal revision, the petitioner inter alia seeks quashing of order dated 31.03.2015 read with order dated 01.04.2015 passed by the court of learned Special Judge Anti Corruption (CBI Cases), Jammu whereby charges under Section 161 RPC and 5(2) read with Section 5(1)(d) of the J&K Prevention of Corruption Act Samvat 2006, have been framed.

2. Brief facts of the case are that the petitioner had served the Indian Army and has retired on attaining the age of superannuation as Major General on 30 April 2014. The petitioner had at his credit outstanding service career and his service remained commendable throughout and he has earned various medals and awarded Vashist Seva Medal (VSM) on 26 Jan 2009 for distinguishes services. It is further stated that while serving as Major General, Army Service Corps (ASC) Northern Command, Udhampur, the petitioner came to be wrongly and falsely implicated in a highly vexatious case.

3. The facts of this case which led to holding of Court of Enquiry under the Army Act, registration of F1R, holding of investigation and finally presentation of criminal challan against him, are as under:-

“That complainant Inder Singh proprietor Bee Ess Transport Company was registered with the Supply and Transport Branch Headquarters Northern Command as “B” Class contractor for load carrier, water Brower, tipper and JCB since 21.12.2007 though he had earlier been registered for contract upto capacity of 1.80 Crore since 31.01.2003. On the basis of some complaint filed by Manjit Singh and Harjeet Singh with regard to sale/transfer of one of the vehicles by the complainant, the petitioner in his capacity as Major General ASC, after holding a thorough probe with regard to these allegations alleged against the complainant and after affording full opportunity of being heard to the complainant, de-registered the firm of the complainant as contractor from the rolls of ASC on 25 June 2010. That the complainant Inder Singh feeling aggrieved of de-Registration of his firm, approached this Hon’ble court through the medium of writ petition OWP No.1312/2010 and OWP No. 145/2012 assailing the orders pertaining to de-registration of his firm and non-issuance of tenders to him, which writ petitions are still pending consideration before this Hon’ble court. That the complainant due to de-registration of his firm entertained hostility, grudge, bias and wreck, vengeance false, concocted and vexatious complaint against the petitioner in collusion with the army officials, before the GOC Northern Command Udhampur alleging that the petitioner is resorting to malpractices on the ground that the petitioner is not issuing tender notice for the year 2012-13 to him which he admittedly never applied for. That subsequent to filing of first complaint dated 04.05.2012, the complainant filed yet another complaint dated 09.06.2012 before the GOC-in-C NC HQ. ln the said complaint it was alleged that the complainant had already written one letter dated 4th May 2012 against the petitioner for harassment made to him and alleged demand of money for reinstating his firm. It needs mention that in the earlier complaint dated 04.05.2012 there was no mention of demand of any money by the petitioner. The complainant further proceeded to mention in this complaint dated 09.06.2012 that he visited the office of the petitioner on 14.05.2012 for the relief so that he can work alleged to have asked some money and the petitioner is alleged to have asked him to come to his office with some money and the petitioner will reinstate his firm after 1st week of June. It was further alleged in the said complaint that on 09.06.2012 (Saturday), the complainant on the alleged directions of the petitioner, visited his office and is alleged to have given a packed of money and thereafter filed the complaint dated 9.6.2012 before the GOC NC Hq annexing with photocopy of some 500/-currency notes alleged to have been given by the compla