STATE OF J. AND K. Vs. MOHD. BASHIR

JUDGEMENT

(1.) Petitioner-State has preferred this criminal revision against the order dated 5.5.2009 passed by 3rd Addl. Sessions Judge, Jammu in case State v. Balkar Singh and Ors. discharging accused Mohd. Bashir-respondent No. 1, on the grounds taken in the memo of revision petition.

(2.) It appears that a complaint/FIR came to be lodged by one Kewal Krishan Gandotra against the accused/respondents in Police Station Bahu Fort, Jammu. Accordingly, FIR No. 35/2004 came to be registered. The said information set the police in motion. The Investigating Officer conducted the investigation and Challan came to be presented against the accused before the Court of Chief Judicial Magistrate, Jammu for the commission of offence punishable under Sections 467, 468 & 471 RPC. The learned CJM vide order dated 7.9.2006 committed the case to the Court of Principal Sessions Judge, Jammu, who transferred the same to the Court of 3rd Addl. Sessions Judge, Jammu for disposal under law.

(3.) The trial court-3rd Addl. Sessions Judge after hearing the arguments at the charge stage discharged accused-respondent No. 1 and charge sheeted respondents 2 & 3 for the commission of offence punishable under Sections 467, 468 and 471 RPC. The Charge was read over to accused-respondents 2 & 3 who pleaded not guilty and claimed to be tried and prosecution was directed to lead evidence vide order dated 5.5.2009.