CRIME BRANCH KASHMIR Vs. AIJAZ AHMAD BHAT SHAH

JUDGEMENT

(1.) Petitioner has invoked the jurisdiction of this Court in terms of Section 561-A of J&K Criminal Procedure Code, 1989 (hereinafter, for short, Cr.P.C.) seeking quashment of order dated 4.10.2008 passed by Chief Judicial Magistrate, Srinagar in an application filed by respondent in case titled Ajaz Ahmad Shah v. Crime Branch Srinagar in File No.516-A/M, on the grounds taken in the memo of petition.

(2.) The remedy under section 561-A Cr.P.C. can be availed/invoked/pressed into service or may be exercised in the following circumstances:-

(3.) It appears that respondent came to be arrested in FIR No.68/2007 registered at Police Station Crime Branch, Kashmir and was granted bail subject to the limitation and fetters contained in the bail order. He sought permission to proceed to Delhi for medical treatment which was granted on 17.6.2007. Thereafter respon dent moved an application before the Chief Judicial Magistrate, Srinagar seeking permission to visit his ailing wife in the United States on the ground that the Crime Branch has not produced the challan and he cannot move outside the State of Jammu & Kashmir because of the conditions contained in the bail order. Trial court considered the matter and granted permission for four months.