JAMMU APRIL-04-2023- Addl. Sessions Judge (Anti Corruption) Jammu Mr O P Bhagat, has discharged all the accused from offence of section 5 (2) J&K PC Act 2006 in a chargesheet filed by the UT of J&K through Police Station Crime Branch Jammu against accused namely Kamal Singh Son of Dina Nath R/o Kalu Chak, Jagdev Singh Son of Amar Nath R/o Kalu Chak , Hans Raj Son of Sain Dass R/o Shastri Nagar – then Patwari Kalu Chak, Narayan Singh Jamwal then Naib Tehsildar Digiana ( now expired), Ghulam Nabi (expired) and Ram Dass then Patwari Kalu Chak (now expired).
Addl Sessions Judge ( Anti Corruption ) Jammu Mr O P Bhagat passed the order after hearing marathon arguments advanced by Mr Aseem Kumar Sawhney, Advocate assisted by Advocates Manzar Muneer, Tahseena Bukhari, Arshad Hussain and Sarfaraz Ahmed for accused no. 2 and Mr S K Bhat Advocate for accused no. 1 besides Mr Meharban Singh and Mr S M Choudhary Advocates for accused 3 and 6 respectively.
The Court held that as far as offence of 5 (2) PC Act 2006 is concerned the accused are discharged and once the offence under corruption is not proved the other offences cannot be decided by that Court and directed the return of the challan/ chargesheet and left the Crime Branch free to present the same before the competent court.
The Court held that there are absolutely no grounds for presuming, what to talk of suspicion about the accused having committed offence of Section 5 (2) of the PC Act 2006 ( as applicable to J&K State pre- reorganisation).
It may be mentioned that the Crime Branch Jammu had registered an FIR no. 3/2014 for offences under section 5 (2) PC Act 2006 read with 420, 467, 468, 471, 120 B RPC.
It may be mentioned that a complaint was endorsed by the CJM Jammu to the Police Station Crime Branch Jammu on which the instant FIR under sections 420, 467, 468, 471, 120 B RPC read with 5 (2) PC Act 2006 was registered wherein it was alleged that there was a Ghar Mumkin Pond on the land measuring 9 kanals as 12 marlas, Khasra no. 30 situated at Kaluchak Jammu and prior to 1956-57 the same was used for common purpose by the villagers and recorded in the Jamabandi for the year 1956-57. It was alleged that the fictious Fard was prepared and the land was sold and got registered before the concerned Sub Registrar.
Mr Aseem Sawhney appeared for Jagdev Singh the beneficiary of the sale, submitted before the Court that there is not even an iota of allegation or evidence of demand and acceptance of any bribe money so the offence of PC Act 2006 is not made out.
It was further alleged by Mr Sawhney that accused no. 2- his client had no role in any manner and neither there is allegation of paying bribe or manipulating any sale deed etc , in fact the civil suit was pending between the parties and even the matter was pending before the Revenue Courts and after agitating before these forums the complainant abused the process of law and filed the complaint which turned into an FIR and finally the present challan thus the civil dispute had been covered into a criminal case. It was submitted that much before filing of the criminal case the mutation no. 344 dated 11.3.1993 had been challenged before the Settlement Officer (Collector) and sale deed was challenged before the Civil Court at Jammu and several judgments on the subject were cited by the Advocates.
Mr S K Bhat and other Advocates also made submissions that the case was predominately a civil case which had been converted into a criminal case just to arm twist the accused.
Mr Anoop Kumar APP of the Court submitted that the civil and criminal proceedings can go on simultaneously and criminal proceedings have to be given primacy over civil one.
The Court after hearing the arguments scanned the records and evidence on the file and scope of charge and finally concluded that the charge of section 5(2) of the PC Act is not maintainable and discharged all the accused and regarding the other offences, gave liberty to the Crime Branch to present the same before the competent court.JNF