JAVAID AHMAD DAR Vs. STATE OF J&K

JUDGEMENT

(1.) Vide order dated 14.11.2011, trial court (Court of Additional Sessions Judge, Jammu) after hearing learned APP and the counsel for the accused, as required in terms of Section 268 Cr. P. C, has concluded that prima-facie accused(petitioner herein) is established to have committed offence punishable under Section 409 RPC, 30 Police Act and, of the Police Enhanced Penalties Ordinance, 2005 and consequently charge has been framed.

(2.) Dissatisfied there with, petitioner has challenged the said order by medium of this petition under Section 561-A Cr. P. C contending therein that specifically it was projected before the trial court that Section of the Police Enhanced Penalties Ordinance, 2005(hereinafter for short 'the Ordinance') is not applicable. The trial court has referred to the argument but has left it undecided. Same is to result in defeating the ends of justice, in effect, amounts to abuse of the process of law.

(3.) Learned counsel for the petitioner would contend that the Ordinance is not applicable. Section 4 the Ordinance prescribes punishment of death sentence or imprisonment for life. Once the charge sheet is framed against the petitioner, he shall be disabled from claiming concession of bail, that is how the order impugned is to result in miscarriage of justice and will amount to abuse of process of the court.