RAFIAT ZAMAN Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) Learned Addl. Public Prosecutor has filed the objections. In paragraph 7 of the objections, it has been stated that the statements of most of the witness recorded reveal involvement of the petitioner. Further a weapon of offence has not been recovered.

(2.) The Case Diary as produced by the learned Addl. PP for perusal of the Court suggests that there is some evidence. Case Diary after perusal is returned to the learned Addl. PP.

(3.) It is the submission of the learned counsel for the petitioner that the petitioner is the most respectable person, he has not taken part in the commission of the offence, he appear to have been implicated by an interested witness. The submissions made by the learned senior counsel though attractive but keeping in view the scope of exercise of power under Section 438 Cr.P.C. that too vis-a-vis, offence under Section 302/34 Cr.P.C., at this stage are unacceptable. Finally, learned senior counsel for the petitioner submitted that this petition may be dismissed as not pressed so that he may work out on other legal remedies. The submission is not Serial No. 11 Regular List opposed, therefore, accepted. Application is dismissed as not pressed, liberty to the petitioner to work out other permissible legal remedies.