AIAN AFROZ WANI Vs. MST. YASMEEN AHAD

JUDGEMENT

(1.) By the medium of this petition, petitioner has invoked the jurisdiction of this court for quashing the proceedings drawn and order dated 12.04.2012, for short impugned order, passed by 1st Class Judicial Magistrate (1st Additional Munsiff), Srinagar, in the complaint titled Yasmeen Ahad v. Ayeen Afroz, on the grounds taken in this petition.

(2.) It appears that the trial court issued process against the accused/petitioner, who caused his appearance before the trial court and raised a plea that the complaint was not maintainable and merit to be dismissed on the ground that complainant has not annexed the list of witnesses with the complaint. After hearing learned counsel for parties, the trial court in terms of the impugned order rejected the plea of petitioner/accused and directed complainant/respondent to submit list of witnesses by next date of hearing.

(3.) The moot point for consideration is whether the impugned order is legally correct or otherwise