SANJAY KUMAR GUPTA
Maj. Gen. V. K. Sharma – Appellant
Versus
C. B. I. – Respondent
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 I
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