Jammu, Nov 16 (UNI) Justice Sanjay Kumar Gupta on Friday dismissed petition filed by Major General V K Sharma seeking quashment of charges framed by the Special Judge CBI Jammu in corruption case.
Justice Gupta after hearing Senior Advocate Sunil Sethi with Advocate Ravi Abrol for the petitioner whereas Advocate Monika Kohli for the CBI observed that question required to be seen in the present case is whether there was a need for Special Judge to follow this procedure or not.
Undoubtedly, the Special Judge was required to follow this procedure in case the petitioner was subject to dual jurisdiction of a court-martial as well as of an ordinary criminal court.
The petitioner though was subject to the Army Act when this FIR was lodged against him and was allowed to be investigated by CBI, but he was not subject to the Army Act when the cognizance of an offence was taken by the Special Judge.
Challan in this case was presented on August 5, 2014 and the charges were framed on March 31, 2015 by then, the petitioner had already been retired from service on April 30, 2014 as per pleading in petition.
Since the petitioner had retired from service in April 2014, he was no more subject to the Army Act in terms of Section 2 (2) and hence was not open to be tried by a court-martial.
Justice Gupta further observed that this court while exercising the power under revision cannot stifle the legitimate prosecution.
According to the CBI case that the complainant Inder Singh, allegedly gave money to the accused as demanded by him for the reinstatement of his firm, which had earlier been removed.
He made Photostat copies of four currency notes of five hundred each, out of these five thousand notes. He thereafter, filed the complaint before Lt General KT Parnaik, which reached him on June 11, 2012.
He constituted a team of Lt General BS Pama, Chief of Staff, Head Quarter, Northern Command and Deputy Provost Marshal, Col AS Sehgal.
This team also took accused Lt General VK Sharma with them to his office for the search.
The Insides Speak.