YESHJEET SINGH Vs. STATE OF J&K

JUDGEMENT

(1.) - Petitioner seeks quashment of order dated 12.02.2015, passed by learned 2nd Additional Sessions Judge, Jammu (for brevity Trial Court ) in exercise of inherent powers under Sec. 561-A Crimial P.C. In terms of said order, petitioner (accused No.3 before the Trial Court) has been charged along with two other accused persons for commission of offences punishable under Sections 302 RPC and 8(c) of the NDPS Act.

(2.) Before going to grounds of challenge urged in petition, assailing impugned order, it would be advantageous to notice succinct facts stated by the Police in the challan presented before the Trial Court.

(3.) As disclosed by Police in the challan, on 10.10.2014, Police Station, Channi Himmat, Jammu, received telephonic information from Police Control Room, Jammu, that one girl, namely, Divya Manhas daughter of Shri Krishan Lal resident of Marble Market, Channi Himmat, Jammu, was found in unconscious condition in front of gate of her house. Since the girl did not regain her consciousness, she was taken to GMC, Hospital, Jammu, by her parents for treatment, but the doctors declared her as brought dead. As the matter was pertaining to death of a young girl in suspicious circumstances and in order to verify cause of death of the girl, proceedings under Sec. 174 Crimial P.C. were initiated by Police Station, Channi Himmat, Jammu.