VINOD BHAT Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) From bare perusal of various interim orders, it transpires that no one has been appearing on behalf of petitioners since 29.04.2013. Since the instant case pertains to the year 2008, the same was taken on board. With the assistance of learned counsel representing respondents and going through the file, the instant case was finally heard.

(2.) The petitioners have filed the present petition for quashing the order dated 24.09.2008 by virtue of which the learned Chief Judicial Magistrate, Jammu has returned the challan to the Investigating Officer/Agency for re-verification of various dates mentioned in the challan and also for further investigation.

(3.) The impugned order has been challenged on various grounds. It has been stated in the petition that instead of discharging the accused/petitioners, the learned trial court returned the challan for further investigation and for re-verification of the dates. The impugned order passed by the trial court reads as under: