ZABIR AHMED Vs. STATE

JUDGEMENT

(1.) Investigation carried out in FIR No.52/2009 registered at Police Station Bus Stand, Jammu, found the petitioner involved in commission of offences punishable under Sections 124A, 212 RPC. A final police report, with the permission of District Magistrate, Jammu was, therefore, laid against him with the Chief Judicial Magistrate, Jammu, who, finding a prima facie case, charged him under Sections 124A, 212 RPC, for having incited the members of Muslim Community against the Government of India and the State of Jammu and Kashmir besides for harbouring and providing logistic support to the militants in general and Mr. Dawood, the Area Commander of Jash-e-Mohd. who was engaged in war against India, in particular, thus sabotaging the peace and stability of the country.

(2.) His counsel Mr. Saddiqui seeks quashing of the proceedings and the charge framed against the petitioner saying that the learned Magistrate had erred in taking cognizance of the offences in the absence of requisite complaint under Section 196 of the Code of Criminal Procedure, Svt.1989, by the District Magistrate. Learned counsel refers to Mst. Naziran Bi and others v. State and Ors., 561A CrPC No. 22/2004 decided by this Court on May 28, 2004, Master Mohamad Saleem v. State of J&K, 561A CrPC No.21/2004 decided on February 4, 2005, and State v. Ahmed Din and others, Criminal Revision No. 26/05 decided on 31.7.2009 to support his submissions.

(3.) I have considered the submissions of petitioner's counsel as also the learned State Counsel.