SARTAJ KHALID Vs. STATE AND ORS.

JUDGEMENT

(1.) Petitioner has invoked the jurisdiction of this Court under Section 561-A of Criminal Procedure Code (hereinafter, for short, Cr.P.C.) for quashing the criminal Challan, titled as, State v. Mohd. Tariq Khan & others, arising out of FIR No. 31/2012 registered at Police Station Poonch under Sections 302, 307, 452, 436, 109 and 111 of Ranbir Penal Code (hereinafter, for short, RPC) along with order dated 27.02.2013 passed by the learned Sessions Judge, Poonch, whereby the charges under the aforesaid sections have been framed against him, and the proceedings drawn in the said case. Initially the petition was registered as a criminal revision, which, later on, at the request of learned counsel for petitioner, came to be registered as a petition under Section 561-A Cr.P.C. vide order dated 22.04.2013.

(2.) The facts as revealed in the petition are that on 07.03.2012 one Mohd. Tariq Khan, posted at 156 Territorial Army as a Sepoy, deserted the camp along with his official AK 47 Rifle and three magazines and came to Poonch to kill his wife Shenaz Kousar and her alleged paramour, petitioner herein. When he reached his residence at Alla Peer, Poonch, he did not find his wife and other members of the family there. He then went to the house of petitioner and started firing in the air. Mother of petitioner, namely, Sara Begum opened the gate and he shot her dead with his AK 47 Rifle and also critically injured a girl of 8/9 years old. Thereafter he went to his house and set it ablaze, and then he shot dead one Yasmeen Akhtar, a close friend of his wife. SHO Police Station Poonch and other police personnel, who were on patrolling duty, after hearing sound of gun shots reached Alla Peer area, near Chowk Jamia Masjid Sharif, Poonch. They overpowered and arrested Mohd. Tariq Khan. FIR No. 31/2012 came to be registered against accused Mohd. Tariq Khan and AK 47 Rifle was also seized.

(3.) It is contended by the petitioner herein that during investigation the police also arrested him on the allegation that he had illicit relation with Shenaz Kousar, wife of accused Mohd. Tariq Khan and he used to instigate and prompt the accused on the name of his wife, which infuriated accused Mohd. Tariq Khan and the same resulted in killing the mother of petitioner herein, as well as one Yasmeen Akhtar and also injuring a girl child of 8/9 years old. It is contended that on the basis of these alleged allegations, the police roped the petitioner also in the said FIR for the commission of offences punishable under Sections 302, 307, 452, 436, 109 and 111 of RPC. It is further contended that after completion of investigation the police filed a detailed Challan before the learned trial court citing as many as 84 witnesses and the trial court vide order dated 27.02.2013, impugned herein, framed charges against the petitioner also under the aforesaid sections of the Code.