The sessions court has ordered the transfer of two connected cancellation reports relating to cross-FIRs involving retired IAS officer Ashok Khemka, former managing director (MD) of Haryana State Warehousing Corporation (HSWC), and IAS Sanjeev Verma, along with Ravinder Kumar and others, to the special judge designated to hear cases under the Prevention of Corruption Act (PCA).
Sessions judge Sanjay Sandhir allowed an application filed by Ravinder Kumar and directed that untraced reports of 2025, both pending before the chief judicial magistrate (CJM), Panchkula, be withdrawn and transferred to the court of special judge Bikramjit Aroura. The parties and their counsel have been directed to appear before the special judge on September 21.
One of the untrace reports relates to an FIR lodged on April 26, 2022, registered at Sector-5 police station under provisions including Section 13 of the Prevention of Corruption Act. The FIR concerned alleged irregularities and illegalities in appointments made in the HSWC during Khemka’s tenure as its MD. The police subsequently filed a cancellation report in the case.
The second untrace report of 2025, relates to a cross-FIR, registered on the same day on Khemka’s complaint against IAS Sanjeev Verma, the then MD of the corporation, and Ravinder Kumar (applicant), among others. The allegations included conspiracy and offences under various sections of the IPC, along with provisions of the PCA. A cancellation report was also filed in this case, against which Khemka submitted a protest petition.
A key issue before the sessions court was whether the CJM could consider the cancellation reports when the FIRs included offences under the PCA. The court relied on Supreme Court (SC) precedent and held that such matters fall within the jurisdiction of the designated special court.
{{/usCountry}}A key issue before the sessions court was whether the CJM could consider the cancellation reports when the FIRs included offences under the PCA. The court relied on Supreme Court (SC) precedent and held that such matters fall within the jurisdiction of the designated special court.
{{/usCountry}}The court observed that the magistrate had no power to act on the cancellation reports and that they should be placed before the special judge competent to deal with PCA cases.
The court also rejected the objection that the sessions court could not transfer the matters to the special court, holding that Section 448 of the BNSS, 2023, empowers a sessions judge to transfer a criminal case from one court to another within the sessions division when required in the interest of justice.
Case background:
FIR No. 170 dated April 26, 2022
The case was registered at Sector-5 police station, Panchkula, following a complaint by Vaneet Chawla, the then secretary of the Haryana State Warehousing Corporation (HSWC), on behalf of the MD. The FIR concerned alleged irregularities and illegalities in appointments made in the corporation during the tenure of Ashok Khemka, IAS, as MD. Ashok Khemka, Som Nath Rattan, SC Kansal and Naresh Kumar were named as accused.
FIR No. 171 dated April 26, 2022
Registered at the same police station shortly after FIR No. 170, this case was lodged on a complaint by Ashok Khemka, IAS, against Sanjeev Verma, IAS, the then MD of the HSWC, and Ravinder Kumar, among others. The allegations related to a purported conspiracy and misuse of the official process in getting FIR No. 170 registered against Khemka over alleged irregularities in appointments. The FIR included provisions relating to conspiracy, giving false information and false charges, among others, along with provisions of the Prevention of Corruption Act.