On discovering that there had been embezzlement worth crores of rupees, by way of misappropriation and misutilisation of government funds meant for purchase of food grains and other essential companymodities by the employees of Jammu Kashmir Cooperative Supply and Marketing Federation Ltd. JAKFED for short , the Commissioner Secretary to the Government, Agriculture Production Department filed a companyplaint with the Crime Branch of the Police in 1994.
The State, appellant herein, filed a companynter to the writ petition as well as objections to the stay petition.
Notice was issued and the learned single Judge also passed an ex parte order staying further investigation till the next date.
The Division Bench disposed of the LPA and the learned single Judge was required to reconsider the order dated 12.7.95 and till then the investigation was directed to remain stayed.
In actual effect,therefore, the order dated 12.7.95 was set aside and the stay application remanded for fresh companysideration by the learned single Judge.
During the preliminary stage of investigation by the Vigilance Department, the respondents Filed a writ petition in the High Court for quashing of FIR 3/95 and as interim relief sought the stay of investigation into the criminal case.
3/95 on its basis for offences under Section 5 2 PCA and some other offences under the RPC and took up the investigation in hand.
The State is aggrieved of this Order, hence this appeal by special leave.
On 12.7.95 the writ petition came up for hearing before the learned single Judge.
Request for adjournment of the case was made on behalf of learned companynsel for the writ petitioners, which appears to have been opposed on behalf of the State.
The writ petitioners, respondents herein, challenged the order of the learned Single Judge dated 12.7.95 through a Letters Patent Appeal.
Since, the earlier stay order was to last till the next date, arguments were, however, heard on the question of extension of the stay order.
Such an order companyld number be made by the Division Bench with hearing the parties.The hearing of the writ petition was adjourned.
Leave granted.
Subsequently, the companyplaint FIR was transferred to the Vigilance Organisation by the Government and the Vigilance Department registered FIR No.
