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| HC refuses to quash corruption charges against Maj Gen | | | Early Times Report
Jammu, Nov 16: Justice Sanjay Kumar Gupta today dismissed petition filed by Major General VK Sharma seeking quashment of charges framed by the Special Judge CBI Jammu in corruption case.
Justice Sanjay Kumar Gupta after hearing Sr. Adv Sunil Sethi with Adv Ravi Abrol for the petitioner whereas Adv Monika Kohli for the CBI observed that question required to be seen in the present case is whether there was a need for Special Judge to follow this procedure or not. Undoubtedly, the Special Judge was required to follow this procedure in case the petitioner was subject to dual jurisdiction of a court-martial as well as of an ordinary criminal court. The petitioner though was subject to the Army Act when this FIR was lodged against him and was allowed to be investigated by CBI, but he was not subject to the Army Act when the cognizance of an offence was taken by the Special Judge. Challan in this case was presented on 5.8.2014 and the charges were framed on 31.3.2015 By then, the petitioner had already been retired from service on 30.4.2014 as per pleading in petition.
Justice Sanjay Kumar Gupta further observed that this court while exercising the power under revision, cannot stifle the legitimate prosecution. This is a supervisory power vested in High Court to correct illegality or incorrectness in the order of subordinate court. High Court cannot re-examine evidence in detail to see as to whether charge for alleged offence is made put or not.
With these observations High Court dismissed the petition and vacated the interm stay.
According to the CBI case, the complainant Inder Singh, allegedly, gave money to the accused, as demanded by him for the reinstatement of his firm, which had earlier been removed. He got made Photostat copies of four currency notes of five hundred each, out of these five thousand notes. He thereafter, filed the complaint before Lt General KT Parnaik, which reached him on June 11, 2012. He constituted a team of Lt General BS Pama, Chief of Staff, Head Quarter, Northern Command and Deputy Provost Marshal, Col AS Sehgal. This team also took accused Lt General VK Sharma with them to his office for the search. He was asked to open the drawer of his table, the key of which were in possession of accused himself. A brown coloured envelope containing Rs 5000 rupees was recovered, upon the search of the said drawer.
An envelope containing Rs 1430, two cancelled tickets and another pouch containing stacks of credit/ debit cards were also recovered from the said drawer. These were handed over to Lt Gen Pama. The accused was also asked to open his brief case. He opened the same with keys in his possession. A white envelope containing currency notes of thirty five thousand (35,000) was recovered there from. |
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