Excelsior Correspondent
JAMMU, Oct 6: State High Court today dismissed the petition filed by Khem Raj, Forest Guard, who was caught red-handed by the Vigilance Organization on May 18, 2010 along with Forester Shamas Din while accepting bribe.
After hearing Advocate H C Jalmeria for the petitioner whereas Senior AAG Gagan Basotra for the State, Justice Mansoor Ahmed Mir observed, “the power under Section 561-A CrPC has to be exercised cautiously, carefully and sparingly and Court has not to function as a Court of appeal or revision”, adding “the case of the petitioner does not fall in any of these parameters. It is beaten law of the land that conducting of investigation cannot be scuttled away en-route”.
“The Court has gone through the entire petition and by no stretch of imagination it can be said that the case of petitioner falls within the ambit/contours of Section 561-A CrPC. Virtually, the petitioner is trying to get a restraint order at this belated stage so that the charge sheet is not presented before the Court of Law”, Justice Mir further observed and dismissed this petition.
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