Excelsior Correspondent
JAMMU, May 16: In a trap case, Additional Sessions Judge Anticorruption Jammu has directed Senior Superintendent of Police, ACB Jammu to conduct further investigation and conclude the probe by filing charge sheet without any delay.
As per the facts of the case, FIR was registered against Patwari Halqa Gangyal and his tout for demanding and accepting bribe from the complainant.
While directing further investigation, Additional Sessions Judge Anticorruption Jammu O P Bhagat observed, “It is stated that on 10-05-2022 as a written complaint was lodged with ACB by the complainant Harmeet Singh against accused Arish Parvez, Patwari Halka Gangyal and his tout namely Jatin on the ground that brother in law of complainant Dewan Singh wanted to sell a piece of land but the Patwari Halqa Gangyal was demanding bribe for issuance of Fard”.
“In this case, whole of the investigation and trial revolve around the demand, acceptance and recovery of bribe money as well as seizure of service record of the accused public servant which is most important and if the service record of the accused public servant is not seized and then for what purpose the accused will be charged is the billion-dollar question to be answered”, court said.
“There is no recovery of service record of accused public servant is explicit from the final report submitted in-terms of Section-173(2) of CrPC and it is explicit that during investigation an error apparently appears to have been committed by the Investigating Officers”, the court said.
“On the basis of this error and documents placed on record and the statements recorded either under Section-161 of CrPC the court is not in a position to frame charges against the accused person, notwithstanding the fact that recovery of bribe money affected from the accused Jatinder Kumar Jatin has not been disputed and the question which assumes importance and significance is whether due to the error of IO in preparing the charge sheet, accused can be discharged on this count only”, the Judge said, adding “because for the lapse of IO the case of the ACB cannot be thrown to the dust bin at this stage rather the court is empowered to take notice of this lapse”.
Stating that IO has failed to perform statutory duty and committed error while conducting investigation, the court directed the SSP ACB for further investigation.
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