SHAHID AHMAD WANI Vs. STATE

JUDGEMENT

(1.) Registration of the case as Crime No.1/2013 Police Station, Shopian, on completion of investigation has culminated in filing charge sheet (challan) before the Court of Judicial Magistrate 1st Class, Shopian who has committed the same to the Court of Learned Sessions Judge, Shopian. On a motion for transfer, vide order of this Court dated 31st May, 2013, case has been transferred to the Court of Sessions Judge, Pulwama.

(2.) Petitioner seeks quashment of the FIR No.1 of 2013 Police Station, Shopian and also the order dated 28.06.2013, passed by the Court of learned Sessions Judge, Pulwama where-under contentions of the petitioner for discharge have been rejected and petitioner has been put to trial for commission of offences punishable under Sections 363, 342 and 376 RPC.

(3.) It is trite that the power under Section 561-A Cr. P. C is to be exercised with circumspection. Special case has to be made out which would suggest that the process of law has been abused so as to cause miscarriage of justice. The Court has to be loath in exercising such power so that trial proceedings or other proceedings may not get protracted to the detriment of the object of the trial.