LAWS(J&K)-2012-4-29

SHAZIA SHAW Vs. KHAWAR BUTT

Decided On April 20, 2012
SHAZIA SHAW Appellant
V/S
KHAWAR BUTT Respondents

JUDGEMENT

(1.) Complaint titled Khawar Butt v. Asif Nazir Mir & anr has been filed before the trial court for commission of offence punishable under Section 500 read with Section 120-B RFC. Trial court after recording statement of the complainant and that of the witness has issued the process in accordance with Section 204 Cr. P. C.

(2.) It is projected by the learned counsel for the petitioner that the trial court in absence of sanction was not competent to take cognizance of the offence punishable under Section 120-B RFC in view of the clear mandate contained in Section 196-A Cr. P. C.

(3.) The challenge thrown to the taking of cognizance for the commission of offence punishable under Section 120-B RFC has a prevailing force. Section 196-A Cr. P. C is relevant to be quoted, same reads as under:-