Excelsior Correspondent
JAMMU, Apr 4: Additional Sessions Judge (Anti Corruption) Jammu O P Bhagat has discharged all the accused of the offence of Section 5 (2) J&K PC Act 2006 in a charge-sheet filed by the UT of J&K through Police Station Crime Branch Jammu.
The accused who have been discharges are Kamal Singh, son of Dina Nath of Kalu Chak, Jagdev Singh, son of Amar Nath of Kalu Chak , Hans Raj, son of Sain Dass of Shastri Nagar, the then Patwari Kalu Chak, Narayan Singh Jamwal, the then Naib Tehsildar Digiana (now expired), Ghulam Nabi (expired) and Ram Dass, the then Patwari Kalu Chak (now expired).
After hearing arguments advanced by battery of lawyers for the accused, the Court held that as far as offence of 5 (2) PC Act 2006 is concerned the accused are discharged and once the offence under corruption is not proved the other offences cannot be decided. Accordingly, the court directed the return of the challan/ chargesheet and left the Crime Branch free to present the same before the competent court.
“There are absolutely no grounds for presuming, what to talk of suspicion about the accused having committed offence of Section 5 (2) of the PC Act 2006”, the court said.
The case pertains to alleged Ghar Mumkin pond and recording of Jamabandi.
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