ZEENAT MASIH & ANR Vs. STATE OF J&K

JUDGEMENT

(1.) Petitioners seek quashment of order dated 22.04.2008, in pursuance whereof charge has been framed against the petitioners for commission of offences punishable under Section 429/34 RPC. The charge as framed against the petitioners(accused) is that on 15.10.2010, the cow and calf of the complainant were grazing in the field when accused in furtherance of common intention, administered flour mixed with poison and killed them, therefore, have committed the offence punishable under Section 429/34 RPC. For a period of over two years from the date of framing of charging not even a single witness out of listed 13 witnesses has been examined.

(2.) The first contention of the learned counsel for the petitioners is that the report lodged was frivolous. The investigating officer without proper investigation has filed report under Section 173 Cr. P. C and then learned trial court mechanically framed the charge. The petitioner No.1, a 70 year old lady, is residing with her children in the house constructed on the land which was given to her husband by the father of PW Chaman Lal. Chaman Lal had been asking them to vacate the land and the house which they refused. Same has been made basis for involving the accused.

(3.) It is no more res integra that at the time of framing or otherwise of the charge, all that Magistrate is required to do is to, prima facie, satisfy himself on the basis of the material collected by the Investigating Agency about the involvement of the accused in the commission of offence. It is also settled that the power under Section 561-A Cr. P. C is to be exercised sparingly with circumspection and in rarest cases. However, again it has been settled that the exercise of such power depends on the fact position of the case, there can't be any hard and fast rule. The power is such which has object of avoiding abuse of process of the court and to secure the ends of justice from being defeated.