STATE OF J&K Vs. FAROOQ AHMAD

JUDGEMENT

(1.) REVISION petition has been filed to set aside the order dated 06.12.1994 and 09.09.1994, passed by learned Judicial Magistrate (City Judge), Srinagar in FIR No. 49/94.

(2.) IT appears that challan was presented before City Judge Srinagar u/s 379 read with section 109 and 34 RFC and offence u/s 6 of Forest Act and 5 of Kuth Act on 10.10.1994. Accused appeared and while considering the allegations against the accused persons, for existence of grounds to prima facie charge the accused or not, trial court after hearing the arguments, came to the conclusion that there were no grounds to prima -facie charge the accused u/s 379 RFC or 6 Forest Act or 5 Kuth Act. The accused persons were accordingly discharged vide order dated 06.12.1994. It is the validity of this order, which has been challenged in the present proceedings.

(3.) ON allegations that the accused were found in possession of forest produce in the form of Kuth, Diascorea, Herculeum, Sazmool and Artiumsia, FIR No. 49/94 was filed u/s 379 RPC, 6 of Forest Act and 5 of Kuth Act in Police Station Nishat. On further investigation as the accused were not found in possession of any valid document to justify the possession of seized forest produce, the charge report under Section 379 read with Section 109 and 34 RPC and 6 Forest Act and 5 Kuth Act was filed in the Court of learned City Judge.