SUSHIL KUMAR KHAJURIA Vs. STATE
HIGH COURT OF JAMMU AND KASHMIR
SUSHIL KUMAR KHAJURIA
STATE OF JAMMU AND KASHMIR
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MIR, J. -
(1.) This bunch of revision petitions has landed into this Bench by virtue of an order of reference made by a learned single Bench of this Court on 24-8-1998. The question raised through the medium of these petitions is, as to whether or not C.B.I. Organisation is within its powers to investigate an offence in the State of Jammu and Kashmir and produce a challan before a criminal Court of competent jurisdiction.
(2.) The revision petitioners are public servants. C.B.I. registered cases against them, conducted investigation and finally produced challans. In Cr. Rev. Petition No. 89, the Additional Sessions Judge Jammu charged the accused for offences under Sections 120-B, 420, 467 and 468/471-RPC vide an order dated 21-12-1982 and in rest of the revision petitions accused was charge-sheeted by the Chief Judicial Magistrate Jammu under Sec. 409-RPC on 9-12-1986.
(3.) Interestingly for the last twelve years these revision petitions have only adored the overburdened shelves of this Court. As the whole record has been called by this Court, therefore, the proceedings before the Trial Court have all along remained stayed. The petitioners have succeeded in their attempt to get the trials forestalled.;
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