TASADUQ HUSSAIN Vs. UT OF J&K

JUDGEMENT

(1.) The petitioner has challenged order dtd. 9/2/2024 passed by the learned Additional Sessions Judge, Doda, whereby the said court while exercising its revisional jurisdiction, has set aside order dtd. 16/10/2023 passed by the learned Chief Judicial Magistrate, Doda in terms whereof the petitioner herein has been discharged and the charge sheet has been dismissed.

(2.) Heard learned Senior Counsel for the petitioner and perused the material on record.

(3.) It appears that a charge sheet arising out of FIR No. 06/2022 for offences under Ss. 357, 323 and 506 IPC was laid before the Chief Judicial Magistrate Doda against the petitioner herein. As per the prosecution case, on 7/1/2022 at around 01.00 pm, when the complainant, Doulat Ram, Assistant Executive Engineer, Jammu Power Distribution Corporation Limited (JPDCL) was discussing certain matter in the office chamber of the petitioner, who happened to be the Executive Engineer, JPDCL Sub Division, Doda at the relevant time, the petitioner started shouting and picked up a wooden rod with which he hit the complainant on his head. This resulted in injuries to the complainant and blood oozed out of his left ear.