JAMMU AND KASHMIR HIGH COURT
Barin Ghosh, C. J.
Janak Singh v. State of J. and K. and Another
| Table of Content |
|---|
| 1. applicant was previously in government service. (Para 1 , 4 , 5) |
| 2. issues of charge framing and cognizance under the act. (Para 2 , 3 , 6) |
| 3. court's obligation at the charge framing stage. (Para 7 , 9) |
| 4. final ruling: application dismissed. (Para 10) |
1. At the time when the charge - sheet was filed, applicant was in Government service, inasmuch as order of premature retirement stood quashed by an order passed on a writ petition. The date when the Special Judge Anti - corruption refused to discharge the applicant and framed charge against him, applicant having had reached the normal age of superannuation, stood retired from Government service.
2. Applicant contends that as on the date the charge - sheet, i.e. Police Report was filed before the Court, that is the date when the Court is deemed to have taken cognizance and S.6 of the Prevention of Corruption Act, 2006 debars the Court from taking cognizance. The word 'cognizance' means 'being aware' specially in a legitimate or official way. No doubt, when the Police Report was filed, Special Judge Anti - corruption became aware that the charge - sheet has been filed. The question is, can it be said that on the said
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