Subash Chander Sharma vs SHO P/S Anti Corruption Bureau Jammu

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(J&K) 74

IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
SANJAY DHAR
Subash Chander Sharma – Appellant
Versus
SHO P/S Anti Corruption Bureau Jammu – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Mr. P.N. Raina, Sr. Advocate with Mr. J.A. Hamal, Advocate
For the Respondent:Mr. Raman Sharma, AAG with Ms. Saliqa Sheikh, Advocate

Table of Content
1. trial court order shows no bias against petitioner. (Para 10 , 11 , 12 , 13)
2. further investigation permissible post-cognizance before charges. (Para 14 , 15 , 16 , 17 , 18 , 19 , 20)
3. supplementary report format defect is curable. (Para 21 , 22)
4. investigation inadequate; must verify tampering period, defense. (Para 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30)
5. direct further proper investigation, reconsider charges afresh. (Para 31)

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 08.06.20