ICHPAL SINGH Vs. STATE

JUDGEMENT

(1.) THROUGH this petition, the petitioners seek quashment of order dated 29.05.2006 passed by the learned Sessions Judge, Budgam in case titled State Vs. Ichpal Singh and others wherein they have been charged under Section 302 RPC and other allied offences;

(2.) IN order to appreciate the controversy, it is necessary to give brief resume of the case. On the basis of the recommendations of the State Human Rights Commission, the Crime Branch registered FIR No.77/2003 against three police officials. The Crime Branch investigated the case after recording the statements of the witnesses and presented the charge sheet before the learned Chief Judicial Magistrate, Budgam on 31.03.2005. However, it seems that due to absence of petitioners/accused Nos. 1 and 2, the committal court was not able to commit the case. One of the accused, namely, Waris Shah turned an approver in the case. The case was committed by the learned CJM, Budgam to the court of learned Sessions Judge, Budgam and proceedings under Section 512 Cr.P.C were initiated against the petitioners by the learned CJM, Budgam. Petitioner No.1 was produced before the court of learned Sessions Judge, Budgam on 04.02.2006 and petitioner No.2 was not apprehended and proceedings under Section 512 Cr.P.C were initiated against him. Accused No.3 contested the framing of charge while as present petitioners were not heard as they were not represented by any lawyer.

(3.) LEARNED District Judge Budgam after hearing public prosecutor and the counsel for the accused No.3 framed the charges against the accused under Sections 302, 120 -B, 342 and 201 RPC vide order dated 29.05.2006. It is this order, which is challenged in the present petition.