STATE OF J&K Vs. AB. QAYOOM AND ORS.

JUDGEMENT

(1.) Leave is sought for filing the appeal against judgment dated 04.10.2012 passed by the Court of Sessions Judge, Rajouri in terms whereof respondents have been acquitted. For grant of permission as required in terms of Section 417 Cr.P.C., it has to be ascertained as to whether there is any scope of success of appeal. Grant of leave is not a formality. Similarly, accord of sanction for filing an appeal by the Government too is not a formality. The Government has accorded sanction but on scrutiny it is found to have been granted in routine, power has not been exercised in its sprit as is required.

(2.) Confronted with the merit of the case, Learned Dy. AG states that there is no scope for success of the appeal.

(3.) While considering the motion for leave to appeal, we have perused the record as well as judgment. We are not persuaded to grant such leave.