STATE OF J&K Vs. FAROOQ AHMED GANAI

JUDGEMENT

(1.) This review petition is directed against the order dated 29.12.2010 passed by the learned Special Judge (Principal Sessions Judge), Jammu, in File No. 19/Special Challan, titled as, State versus Farooq Ahmed Ganai, whereby, the respondent came to be discharged of the offences punishable under Sec. 3 of The Enemy Agents Ordinance, 2005 (1948 A.D.) (for short, Ordinance) and Sec. 66-F of the Information Technology Act (for short, IT Act).

(2.) The facts in brief are that FIR No. 157/2009 came to be registered against the respondent herein under Sec. 3 of the Ordinance read with Sec. 120-B of Ranbir Penal Code and Sec. 74 of the IT Act in Police Station Nowabad, Jammu on 23.10.2009. Accordingly, investigation was conducted and the challan was presented before the court of Special Judge (Principal Sessions Judge), Jammu. After hearing the arguments, the trial Court came to the conclusion that there was no material evidence on record or sufficient ground which would warrant framing of charges against the respondent herein. Feeling aggrieved, petitioner-State has filed this review petition in terms of Sec. 9 of the Ordinance.

(3.) During the pendency of the review petition, the petitioner-State filed an application before this court seeking permission to re-investigate the matter and for collecting other material evidence. The said application came to be dismissed vide order dated 13.03.2012. Petitioner-State did not question the said order and the same has also attained finality.