KRISHAN LAL Vs. UT OF J AND K

JUDGEMENT

(1.) The petitioner figures as one of the accused along with Sub-Inspector Neeraj Kumar, Munshi-Kulbir Singh, Karyasahayak-Amit Kumar, Selection Grade Constable Mohd. Hanif, Deep Kumar @ Deepu and Rajni in charge-sheet tilted "UT of J&K vs. Deep Kumar @ Deepu and others" pending before the court of learned Principal Sessions Judge, Samba (for short "the Trial Court").

(2.) The petitioner being aggrieved of the order dtd. 14/7/2022 (for short "the order Impugned"), by virtue of which the petitioner has been charged for commission of offences under Sec. 307, 323, 193, 195-A, 212, 218, 225-A, 120-B RPC, has assailed the order impugned primarily on the ground that there is not even an iota of evidence against the petitioner in the charge-sheet and there is no incriminating material in respect of the petitioner, but despite that the learned trial court has charged the petitioner for commission of aforesaid offences. It is also urged by the petitioner that earlier he was associated and cited as witness during investigation of the case and even his statement under Sec. 164-A Cr. P.C., as was applicable at the relevant point of time, was also recorded, but subsequently without there being any evidence against the petitioner, he was arrayed as accused and charge-sheet was filed against him.

(3.) Mr. Vaibhav Gupta, learned counsel for the petitioner has drawn the attention of this Court towards the statements of four witnesses i.e. PWs Birbal, Surinder Kumar, Shamsher Ali and Rakesh Kumar to buttress his submissions that there was no evidence against the petitioner but despite that he has been arrayed as accused in the charge-sheet. He has placed reliance upon the judgments of the Hon'ble Supreme Court in case titled as Pushpendra Kumar Sinha v. State of Jharkhand, (2023) 11 SCC 636 and CBI v. Srinivas D. Sridhar, (2025) 1 SCC 378.