The court upheld the discharge of accused due to insufficient grounds for proceeding with trial, emphasizing the need for a prima facie case in framing charges.

JUDGMENT :

1. Petitioner through the medium of present petition filed under Section 528 Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) seeking quashment of impugned order dated 30.10.2024 passed by the learned Principal Sessions Judge, Udhampur in File No.3/Cr.Revision titled Mohd Akhter Mir & Ors vs State through Police Station Crime Branch Jammu, whereby the accused have been discharged after framing of charge.

2. The specific case of the petitioner is that on 16.09.2013, police of Police Station Kud came to know through reliable source that about 15/16 days back some person of an unknown organization were carrying on illegal activities of banned militant outfit Hizbul Mujahideen to recruit new boys in the said outfit and have distributed Hawala Money amongst residents of Patnitop, namely, Iqbal, Tahir, Mudasir, Jalil, Imram who are underground workers of the outfit. The hawala money was also distributed among some other persons namely Akhtar Mir, Angad Manhas and Sandeep Singh Rana who are residents of different areas of Batote, Doda and Kishtwar and are providing logistic support to above mentioned persons. From the distributed Hawala Money said persons have purchased new vehicles (Scorpio), truck chasis etc to carry on illegal activities of the outfit. On receipt of this information, FIR No. 110/2013 came to be lodged at Police Station Kud against the accused under Sections 13, 17, 21, 38 & 40 of J&K Unlawful Activities (Prevention)Act, 1967 (as amended by Act 35 of 2008 dated 31.12.2008).

3. During the course of investigation, one Mohd Iqbal S/o Haji Suba R/o Mansar came to be arrested on 19.09.2013 under Sections 13, 17, 21, 38 & 40 of J&K Unlawful Activities (Prevention)Act, 1967 who was put to sustained interrogation and disclosed that some unknown organization had provided huge money to his brothers namely Tahir and Jalil and his son Mudassir to carry on illegal activities for the outfit. His son and brothers allegedly further distributed 80 lakh to one Parvaiz Mir, 45 lakh to Angad Manhas and 45 lakh to Sandeep Rana. He allegedly took share from said Halawa Money out of which he deposited 20 lakh in the name of his son Jaffere Hussain at J&K Bank, Mansar and purchased Scorpio in the name of his nephew Imtiaz Ali. Another accused Akhtar Mir was arrested and was also put to sustained interrogation who disclosed that in the month of August 2013, he came to know that Mohd Iqbal Bakarwal and his brother Jalil were going to sell a precious article “Trath Gold” to one Gupta Firm of Jammu, for which they required help in finalizing the deal. He allegedly helped them in finalizing the deal and went to Mansar at the house of Jalil Bakarwal and took 80 lakh as his share out of said deal.

4. It was further alleged that on 10.10.2013, a written complaint was lodged by one Raj Kumar Gupta R/o 97/06 Channi Himat, Mohd Iqbal Mir and Parvez Mir son of Abdul Rashid resident of Batote, who were also partners of Jhelum Infra Project, and the said complaint was received by the I.O from District Police Office, Udhampur, wherein it was alleged that one of their employees namely Narayan Raina, who is Engineer has informed them that Mohd Iqbal, Abdul Jalil and Imran are in possession of precious article, which are magical and useful for their business. The said Engineer is alleged to have connived with the accused and made the complainant believe that it is precious item and if kept at the business site, in that event, one will become a business tycoon. For the purpose of purchasing the said precious article an amount of Rs.25 lacs was paid in cash at Patnitop as advance on 03.08.2013 and they promised to handover the item on payment of Rs.2.00 crores to them. The complainant is alleged to have paid balance amount to the accused on 30.08.2013. The complainant kept on requesting them time and again to deliver that precious article but same was not given to him. In the complaint, the complainants stated that they could not file complaints agains