MOHD. SHARIEF AND ORS. Vs. STATE OF J&K

JUDGEMENT

(1.) On receiving the information from reliable sources that a group of terrorists at the instance of ISI an intelligence agency of Pakistan has entered this side of country by crossing border after having obtained training in terrorist camps, with the intention of committing such acts which endanger the security of the State etc, that they on 14.4.2003 at 9.30 P.M entered into the house of Mohd. Fazal Advocate and abducted him and then after taking him to a place at some distance from his house shot him dead with the guns and ammunition in their illegal possession, in the Police Station Mendhar the F.I.R No.55 of 2003 was registered on 15.4.2003 for commission of the offences under Sections 302,364,120-B,121 & 122 RPC and 7/25,26/27 I.A Act and investigation was commenced. During the course of investigation the Superintendent of Police Poonch vide his letter dated 9.10.2003 sought sanction to prosecute the accused from District Magistrate Poonch who by his letter dated 10.10.2003 has accorded sanction under Sec. 196 Cr.P.C for prosecution of the accused.

(2.) The investigating agency after completion of the investigation filed the charge sheet for the trial of the accused. Learned Sessions Judge Poonch by his order dated 26.4.2004 has framed charges against the accused for commission of the offences under Sections 302,364, 120-B/121, 121-A/122, 123/212 RPC and 7/25, 26, 27 I.A Act and 2/3/3-A E & IMCO. It be seen that the accused have been charged for two types of offences i.e. one which do not require any sanction for prosecution while the other which are covered by the provision contained in Sec. 196 Cr.P.C the taking of cognizance of which is prohibited unless procedure prescribed in the Sec. is followed. The grievance of the petitioner/accused is with regard to the framing of charges regarding later category of offences. The petitioners are seeking to invoke inherent jurisdiction of this Court for quashing the charge so far as it pertains to those offences.

(3.) Sections 121,121-A, 122,123 RPC with which the accused/petitioners have been charged fall in chapter VI of the Code.