FAROOQ AHMAD GANIE Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) By this petition under Sec. 482 of Cr.P.C, the petitioners have challenged order dtd. 4/4/2022 Passed by learned Judicial Magistrate 1st Class (City Munsiff) Srinagar, whereby application of petitioners under Sec. 540 of J&K Cr.P.C has been dismissed.

(2.) The brief facts of the case regarding the present petition are that a trial is going on against the petitioners for offences under Ss. 148, 149, 34, 325 and 354 of RPC. The petitioners, who happen to be the accused before the trial Court submitted an application under Sec. 540 of J&K Cr.P.C for summoning the prosecution witnesses Nos.2 and 3 as also the members of Intizamia Committee Local Auqaaf Jamia Masjid Sharief Palapora, Srinagar (hereafter for short "the Intizamia Committee") and the same has been disallowed by the learned trial Magistrate. In the application it has been submitted by the petitioners/accused that the prosecution witnesses No. 1 to 5 are closely related to each other and due to misconception between the accused and the complainant the prosecution witnesses have deposed against the accused. It has been further submitted that misconception between the accused and the complainant has been resolved with the intervention of the Intizamia Committee in the year 2018, when the Chairman of the Intizamia Committee and the other members as well as the complainant have executed a document, whereby, the accused and the complainant have peacefully resolved their differences and they have agreed that they have no grudge against each other.

(3.) In the backdrop of aforesaid assertions, it has been prayed in the application that the prosecution witnesses Nos. 2 and 3 as well as members of the Intizamia Committee may be summoned for recording their statements in the larger interests of justice.