JUDGMENT :

1. The present petition has been filed by the petitioner for quashing the order dated 24.11.2009 passed by the learned Special Judge, Anti-Corruption, Jammu (hereinafter to be referred as trial court) in case titled “State of J&K vs. Abdul Hamid” by virtue of which charges for commission of offences under section 5(2) read with section 5(1) (d) of the Prevention of Corruption Act, 420, 468, 471 RPC were framed against the petitioner on the following grounds:-

(i) That the petitioner had pleaded before the trial court that his date of birth was 27.03.1947 and he had not manipulated his date of birth as alleged in the FIR and subsequently finalized in the charge-sheet. The petitioner after his appointment in the Government service is not the custodian of his service book. The service book was never kept in custody of the petitioner. Being a Gazetted officer, the service book of the petitioner right from his appointment was maintained and kept under the custody of the drawing officer and the petitioner could not have manipulated his date of birth as 27.03.1949. As per Article 264 of the Civil Service Regulations, 1956, service book of a Gazetted officer is to be maintained by