LAWS(J&K)-2013-5-57

STATE Vs. MOHD. SUBHAN NAIKOO AND ANOTHER

Decided On May 15, 2013
STATE Appellant
V/S
MOHD SUBHAN NAIKOO And ANR Respondents

JUDGEMENT

(1.) Being aggrieved of the acquittal earned by both the respondents (hereinafter to be referred to as 'accused) vide impugned Judgment dated 08-04-2011 of learned Chief Judicial Magistrate, Srinagar for the charges punishable under sections 420/468/471/109 RPC, the State has preferred the instant acquittal appeal inter alia on the grounds carved out in the memo of appeal which are further reiterated by Mr. Khan, learned AAG at the Bar.

(2.) It needs to be mentioned here that there was a delay of 208 days in filing the appeal which stands condoned vide order dated 12-09-2012. The present appeal, as such, is at admission stage. Trial Court record is also available to the Court.

(3.) Mr. Qureshi appears for respondent No.1 only. Despite service, respondent No.2 has chosen not to appear. She is daughter of respondent No.1. Mr. Qureshi states that he has no instructions to appear on her behalf. The service is, thus, complete.