JUDGMENT :

Rajnesh Oswal, J.

1. The present petition has been filed by the petitioner for quashing the order dated 14.12.2020 passed by the learned Special Judge Anti Corruption, Jammu (hereinafter to be referred as the trial court) in a challan, titled “State vs Syed Muried Hussain Shah”, by virtue of which the petitioner has been ordered to be charged for commission of offences under sections 5 (1) (d), read with section 5 (2) of the Prevention of Corruption Act, 1988 and section 4-A of the Prevention of Corruption Amendment Act, 2014, as also order No. 21-JK-GAD(vig) of 2020 dated 16.03.2018, by virtue of which sanction has been granted by the Government for prosecution of the petitioner.

2. The present petition has been filed on the following grounds:

(a) That the order of framing of charge is bad in law as in the instant case, neither any official act required to be done by the petitioner was pending in petitioner’s office, nor there is any whisper of demand of bribe in the entire story followed by the alleged acceptance of bribe money. Therefore, the orders impugned are not sustainable in the eyes of law.

(b) That the petitioner had become functus officio on 06.11.2018 after recom