Jammu: 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.
