STATE Vs. ZIA MUSTAFFA

JUDGEMENT

(1.) This is an application filed by the prosecution seeking recall of order dtd. 21/12/2011 passed by this Court in Criminal Revision No.18/2011, whereby the aforesaid criminal revision petition has been dismissed.

(2.) It appears that FIR No.24/2003 for offences under Ss. 302, 450, 395, 307, 120-B, 326, 427 RPC, 7/27 Arms Act and Sec. 30 Police Act came to be registered with Police Station, Zainapora in connection with brutal killing of 24 persons belonging to minority community at Village Nadimarg in the year 2003. After investigation of the case, the challan came to be filed against as many as seven accused persons initially before the Court of Principal Sessions Judge, Pulwama, that was later on transferred to the Court of Principal Sessions Judge, Shopian, upon the creation of the said court.

(3.) It seems that during the pendency of the trial, the prosecution moved an application before the trial court seeking permission to examine material prosecution witnesses on commission, as according to the prosecution, these witnesses had migrated out of Kashmir Valley and they were reluctant to depose before the trial court at Shopian in view of the threat perception. The aforesaid application came to be dismissed by the Principal Sessions Judge, Shopian, vide his order dtd. 9/2/2011. The said order was challenged by the prosecution by way of Criminal Revision Petition No.18/2011. On 21/12/2011, the aforesaid revision petition came to be dismissed by this Court. It is this order which is sought to be recalled by the petitioner by way of the instant application. 3) I have heard learned counsel for the parties and perused the material on record.