MOHD. IQBAL BHAT Vs. AZIZ BHAT & ORS.

JUDGEMENT

(1.) Complainant in case FIR No. 76/2007 registered with Police station Shopian U/Ss 302, 148, 149, 447, 325, and 323 RPC has filed petition U/s 561-A Cr.P.C, seeking modification of order dated 31st of May 2010 passed by this court in criminal transfer application No. 32/2010 titled Ab. Aziz Bhat and ors v. State and ors, inter alia on the grounds that the aforementioned order is nullity in as much as it has fixed the period for completion of trial by four months, which the Hon'ble Supreme Court has held not within the province of the courts. The petitioner also invoked the powers of this court u/s 94 and 104 Constitution of J&K to modify the order as the consequence thereof would result in unfair treatment being meted out to the complainant.

(2.) Heard Id. counsel for the petitioner. Considered the matter.

(3.) Ld counsel for the petitioner submitted that this court in terms of order dated 31st of May 2010 while disposing of criminal transfer application No.32 of 2010 provided for completion of trial within four months which according to Ld counsel for the petitioner in view of the law laid down by the Hon'ble Supreme Court is not within the competence of this court. Ld counsel further submitted that the order being nullity can be recalled/modified by invoking the powers u/s 561-A Cr.P.C. The ld counsel in this behalf referred to and relied upon the full court judgment of this court reported in : 1982 CrLJ 297. Ld counsel also referred to and relied upon judgment titled M.M. Thomas v. State of Kerala and another, 2000 1 SCC 666, and submitted that this court in view of section 94 of Constitution of J&K has power to review its own order, when it is shown that there is error apparent on the face of the record.