SRINAGAR: The Chief Judicial Magistrate in Jammu has criticised the Central Bureau of Investigation (CBI) for presenting an incomplete charge sheet related to the theft and leakage of question papers for the JE (Civil) examination, The Daily Excelsior reported.
After reviewing the challan submitted by the Investigating Officer (IO), the court returned it, asserting that the piecemeal charge sheet could not be accepted until further investigation was complete.
The CJM said, “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. The office is directed to hand over the charge sheet along with documents to IO on proper receipt.”
The incomplete charge sheet, filed hastily according to the court, disclosed that the accused individuals had committed offences punishable under various sections of the IPC.
The investigation revealed a criminal conspiracy among the accused, involving the theft of JE (Civil) examination question papers, which were then dishonestly sold to candidates in an attempt to deceive JKSSB. Additionally, the accused were found to have leaked question papers from other exams.
The court stated that the prosecution should be allowed to submit an additional list of witnesses and documents during the trial as further investigation is ongoing.
Emphasising that the IO is not required to forward every accused person in custody at the time of filing the charge sheet, the court remarked, “Whenever there is sufficient evidence to try the accused persons. However, the manner of conducting an 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.”
Expressing concern, the court highlighted that the accused were informed about the filing of the challan through WhatsApp and criticized the IO for presenting the charge sheet hastily, and issuing notices to two accused persons even when the investigation was incomplete. The court pointed out the failure of the Investigating Officer to explain the delay in completing the investigation since January 2023.
The court noted that the conduct of the Investigating Agency, particularly in completing the investigation regarding the officials of JKSSB and M/S MeritTrac Services Pvt Ltd, raised questions. It remarked, “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 highlighted that the charge sheet indicated pending further investigation, rendering it incomplete.
