JOGINDER SINGH Vs. STATE OF JAMMU AND KASHMIR
LAWS(J&K)-2020-2-85
HIGH COURT OF JAMMU AND KASHMIR
Decided on February 28,2020

JOGINDER SINGH Appellant
VERSUS
STATE OF JAMMU AND KASHMIR Respondents




JUDGEMENT

Sanjay Kumar Gupta,J. - (1.)The instant revision petition filed by the petitioner is directed against order dated 21.05.2012 passed by learned Principal Sessions Judge, Poonch, by virtue of which charges under Sections 467, 468, 471, 409, 420 and 120-B RPC have been framed against him.
(2.)In the petition, it is stated that the petitioner has wrongly and falsely been implicated for commission of offence punishable under section 467, 468, 471, 409, 420 and 120-B RPC in reference to FIR No.189/2011 registered with Police Station, Poonch. Petitioner was arrested by the Police in the afore-stated FIR and was subsequently admitted to bail by this Hon'ble Court vide order dated 16.04.2012 in Bail Application filed by the petitioner being Bail Application No.39/2012 and Cr.M.P. No.10/2012 titled Joginder Singh vs. State of J&K and others. That a criminal challan in reference to the aforesaid FIR No.189/2011 has been presented before the court of Ld. Principal Sessions Judge, Poonch. As per the investigation of the police, as contained in the final report, it has been made out that the main accused Ghulam Hussain, who is posted in Revenue Department, has misappropriated the compensation/award amount belonging to various land owners whose land has been acquired in reference to land acquisition proceedings, by fraudulently and fictitiously withdrawing the same and in this regard an amount of Rs.23.00 lacs is alleged to have been misappropriated by him.
(3.)It is further stated in the petition that the petitioner is working as Flock Supervisor in the Sheep and Animal Husbandry Department of the I&K Government and has got absolutely no concern with the withdrawal or disbursement of the compensation/ award amount amongst the land owners whose land was acquired. That in the challan, it has been alleged that Ghulam Hussain has shifted an amount of Rs.1.00 lacs in the account of the petitioner though the said amount belonged to one Mohd. Iqbal and the said amount had been withdrawn. It is only on this singular evidence that the petitioner has been charge-sheeted with the aid of section 120-B of RPC alongwith Ghulam Hussain. That the petitioner even in the bail application filed by him before the Hon'ble High Court had pleaded that said Ghulam Hussain is known to the petitioner and he had taken an amount of Rs.1.00 lac from the petitioner as loan and has executed necessary loan documents also. It was also pleaded by the petitioner and is being emphasized now also that an amount of Rs.1.00 lac had been shifted to the bank account of the petitioner by Sh. Ghulam Hussain in satisfaction of pending liability towards the petitioner.
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