STATE OF J&K Vs. NABA DAR

JUDGEMENT

(1.) DESPITE the fact that notices were issued to the respondents, but they have not choosen to appear. Even nobody appeared for the State.

(2.) FROM the perusal of the revision, it transpires that in a case which was registered by Police Station Bijbehara on FIR No.69 of 1989 under Section 302,148,149 and 323 RPC, police report came to be produced under Section 173 Cr.P.C. before the court of Chief Judicial Magistrate, Anantnag on 23 -4 -1989 and the learned CJM Anantnag in view of Section 302 of RPC, committed the case to the Court of Sessions for trial. However, with regard to person namely Yaqob Khan, it is stated by the Police that there was no sufficient evidence against said Yaqoob Khan and was thus given benefit under Section 169 Cr.P.C.

(3.) IT is further averred that at the time of addressing of arguments under section 268 by the Prosecution on 1 -7 -1989 upto 27 -7 -1989, an application was moved before the learned trial court by The Public Prosecutor praying that in view of over -whelming evidence appearing against one Yaqoob Khan who has been dropped from the array of accused by the Police under Section 169 Cr.P.C. he may be also arrayed as an accused by the Police by conducting some further investigation and on the said application, the learned Trial Judge had passed the following order: - "As there is sufficient evidence against said Yaqoob Khan son of Aziz Khan R/o Suthkipora, Bijbehara collected by the police itself, I think it is necessary to send a copy of this order to the Incharge Police Station Bijbehara for a further investigation in the case and to submit a supplementary challan against him in the court of Committal Magistrate on or by September 5th 1989 for being committed to this court so that the other accused in the case do not suffer for the remissness of the Police and in all cases such supplementary period above mentioned from today."