Special Judge can direct further investigation post-cognizance at charge framing to remedy defective probe, prioritizing fair investigation over trial delay to ensure only guilty face trial under Article 21.

JUDGMENT :

SANJAY DHAR, J.

01. The petitioner, through the medium of the present petition, has challenged orders dated 19.01.2019, 01.06.2019 and 08.06.2019 passed by the learned Special Judge (Anti- Corruption) Jammu (hereinafter to be referred to as “trial court”). Vide order dated 19.01.2019, the learned trial court has directed the investigating agency to deal with the question as to the involvement or otherwise of the petitioner adequately in the light of the observations made in the said order. Vide order dated 01.06.2019, the learned trial court has directed framing of charges for offences under sections 5(1) (d), 5(2) of J&K PC Act and under Sections 467, 468, 471 and 120-B RPC against the petitioner and vide order dated 08.06.2019 memo of charges for afore-noted offences has been framed against the petitioner.

02. Briefly stated the facts giving rise to filing of the present petition are that an FIR bearing No. 18 of 2015 for offences under sections 5(1) (d), 5(2) of J&K PC Act and Sections 467, 468, 471 and 120-B RPC came to be registered by the Police Station, Vigilance Organization, Jammu on the basis of a preliminary verification during which it was found that co-accused Riaz Ahmed, the then Patwari Halqa Hakkal, Satwari Jammu has conspired with other accused including the petitioner herein to create khasra No. 127/1 in respect of land measuring 25 kanals situated at village Surya Chak adjoining to existing khasra No. 127 in the original record of nakal khasra paimaish to confer undue benefit upon co- accused Vijay Kumar. It was found that co-accused Riaz Ahmed has, in connivance with the petitioner, who was posted as Naib Tehsildar, Record Room, Jammu at the relevant time, changed the khasra girdawari of State land measuring 25 kanals bearing khasra No. 127/1 situated at village Chak Surya in the records of the record room. The said co-accused further made entry in the khasra girdawari in favour of beneficiary co-accused Vijay Kumar in respect of State land measuring 25 kanals in khasra no. 1 of village Chak Surya. It was also found that co-accused Riaz Ahmed, the then Patwari of Halqa Hakkal conspired with co-accused Vijay Kumar and others and manipulated revenue record of khasra Nos. 1 and 35 of State land in village Daulat Chak measuring 11 kanals each, as also in respect of land comprised in khasra Nos. 411, 414 and 417 (new) situated at village Ganeshu Chak measuring 10 kanals and 50 kanals respectively for conferring undue benefit upon co-accused Vijay Kumar.

03. So far as role of the petitioner is concerned, it was established that he had remained posted as Naib Tehsildar, General Record Room from September, 2009 to August, 2012 and he, in connivance with co-accused Patwari Riaz Ahmed and beneficiary co-accused Vijay Kumar, hatched a criminal conspiracy and facilitated illegal entry in respect of khasra No. 127 by inserting khasra No. 127/1 in original Masavi for land measuring 25 kanals situated at village Surya Chak in favour of co-accused Vijay Kumar. The same stands established from report of the FSL, according to which, the entry has been made at later stage with ink of a different shade. It was established that the petitioner was Naib Tehsildar and custodian of the revenue record of General Record Room at the time when the revenue record was manipulated, which was tampered with by the co-accused Patwari Riaz Ahmed. Thus, the allegation against the petitioner is that he, in his capacity of Incharge General Record Room at the time when the revenue record was t