RANJODH SINGH Vs. STATE

JUDGEMENT

(1.) Petitioners have invoked the jurisdiction of this court in terms of Section 561-A of the Code of Criminal Procedure, hereinafter for short as Cr.P.C. for quashment of the order dated 27th of December, 2010 passed by 3rd Additional Sessions Judge, Jammu titled State v. Ajeet Singh and others, whereby the accused Ajit Singh, Paramjeet Singh and Jatinder Singh have been charge-sheeted for the commission of offences punishable under Sections 148, 149, 302, 201, 120-B of the Ranbir Penal Code, for short as RPC and 4/25 Arms Act. While as accused Ranjodh Singh, Narinder Singh and Azmer Singh have been charge-sheeted under Sections 302/120-B of the RPC.

(2.) Precisely the grounds taken by the writ petitioners are that there is no admissible evidence which can be made basis for forming an opinion to presume that accused are involved in the commission of offences under Section 302 and 120-B of RPC and there is not even an iota of evidence which can be made basis for holding that accused have hatched a conspiracy as is alleged in the instant case and for which the accused have been charge-sheeted.

(3.) Learned counsel for the petitioner-Ranjodh Singh, in support of his case, made a reference to the statements made by PWs Manmohan Singh and Satinder Paul Singh recorded before the Judicial Magistrate 1st Class under Section 164-A of the Cr.P.C, the Photostat copy whereof is annexed with the writ petitions.