Excelsior Correspondent
JAMMU, May 29: The Jammu & Kashmir and Ladakh High Court has set-aside the discharge order of Trial Court in a trap case and directed for framing of charges against the accused person.
As per the CBI case, on January 21, 2023, a written complaint was submitted by Harjeet Singh stating that he retired as a Senior Engineering Assistant from Radio Kashmir, Jammu in June 2011 and had applied for grant of MACP from Grade Pay Rs 4,600 to Grade Pay Rs 4,800 which was allowed by the Chief Engineer concerned, but the same was not implemented and the file was pending with the office.
The file regarding grant of one increment under 6th Pay Commission was also pending and the files were not being cleared, as the respondent, along with the other accused, namely Jagdish Kumar Raina, were demanding bribe to clear the files.
After finding the complaint genuine, the CBI registered FIR for the commission of offences punishable under Sections 120-B and 161 RPC and Section 5 (2) read with Section 5 (1) (d) of the J&K Prevention of Corruption Act. The investigation of the case was entrusted to Radhe Shyam, DySP, CBI, ACB, Jammu, who acted as a trap laying officer.
The Trial Court, after hearing the arguments of the parties on the issue of framing of charge/discharge, discharged the respondent on the ground that prosecution has not placed on record any evidence, direct or indirect, which could disclose the grave suspicion that the accused Jagdish Kumar Raina, at the instance of the respondent had demanded and accepted bribe for himself as well as the respondent.
Justice Rajnesh Oswal, after hearing both the sides, observed, “this court finds that the Trial Court has critically examined the material brought on record by the investigating agency and has returned a finding that there is no evidence against the respondent, as if the Trial Court was passing the final judgment after the conclusion of the evidence”.
“The Trial Court has, no doubt, conducted a mini trial and has erroneously discharged the respondent”, High Court said and set-aside the order dated 3rd of March, 2014 passed by Trial Court, which was directed to frame charge against the respondent for the commission of offences punishable under Sections 120-B, 161 RPC and Section 5 (2) read with Section 5 (1) (d) of the J&K Prevention of Corruption Act.
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