Excelsior Correspondent
Srinagar, Jan 5: The Chief Judicial Magistrate Jammu has pulled up the Central Bureau of Investigation (CBI) for submitting the incomplete charge sheet pertaining to stealing and leaking the question papers of JE (Civil) examination.
As the challan (charge sheet) was submitted by the IO before the court and the court after having gone through it, returned the same to the IO by recording that the piece meal charge sheet filed by the Investigating Officer cannot be entertained till completion of further investigation.
“Therefore, the charge sheet in hand is returned to the IO with direction to complete further investigation and submit the complete charge sheet before the court of law. Office is directed to hand over the charge sheet along with documents to IO on proper receipt”, the CJM directed.
It was revealed in the charge sheet which, as per the court, was incomplete and filed in hasty manner that on the investigation conducted so far that accused persons have committed offences punishable U/S 120-B, r/w 420 r/w 511, 408, 411, 381 and have been found guilty of IPC and substantive offences thereto.
The investigation revealed that the accused persons committed criminal conspiracy with one another, stole question papers of JE (Civil) examination and dishonestly sold to the candidates in an attempt to cheat JKSSB and accused have leaked the question papers of other exams also.
It is further submitted that prosecution be permitted to submit the additional list of witnesses and list of documents during trial as further investigation in the case is underway.
Court said that there is no bar in accepting the charge sheet in absence of accused persons and it is not imperative and necessary for the IO to forward each and every accused in custody at the time of filing of charge-sheet.
“Whenever, there is sufficient evidence to try the accused persons. However, the manner of conducting investigation in the present case and the manner of presenting the challan in haste and hurried manner by the IO cannot be lost sight of”, the Court said.
Court has taken serious note of informing the accused about filing of challan before the court through whatsapp and recorded that the IO has in haste manner presented the charge sheet and issued notices to the two accused persons today itself and that too when the investigation of the case has not been completed.
“It is evident from the charge sheet that the investigation has not been completed so far and further investigation is still underway. Investigating Officer failed to explain why the investigation has not been completed since Jan 2023 till date. Investigating agency in similar charge sheet in case FIR No. RCO042022A0008 has also despite directions from High Court failed to conclude further investigation since November 2022 and till date supplementary charge sheet has not been presented in the court”, read the order.
Court added that the conduct of the Investigating Agency in the present case
is self-explanatory which is required to be considered that incomplete charge sheet cannot be accepted merely for the reason that the investigating agency deems it proper to submit the same before the court.
“It appears that CBI has not completed the investigation with respect to criminal conspiracy amongst the officials of JKSSB and M/S MeritTrac Services Pvt Ltd and the CBI picked up one aspect of the investigation and filed an incomplete charge sheet with respect to the remaining accused persons,” the court said.
“The charge sheet specifically revealed that further investigation is pending. The investigation arising out of FIR is incomplete, as only one part of an investigation pertaining to the leakage of papers and conspiracy among the 15 accused is complete, the allegations pertaining to officials of JKSSB, M/s Merit Trac Bangalore is still pending. All the allegations contained in FIR have not been investigated by IO, thereby rendering the charge sheet incomplete.
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