STATE OF J&K Vs. MOHD ABDULLAH CODE ABUTALL

JUDGEMENT

(1.) The State has filed this Criminal Revision Petition against the order dtd. 14/10/2017 passed by the Principal Sessions Judge, Samba by virtue of which application filed by the Prosecution under Sec. 540 Code of Criminal Procedure, has been dismissed.

(2.) The petitioner has challenged the impugned order on the following grounds:

(3.) From the perusal of the impugned order, it is evident that challan in FIR No.134/2002 under Ss. 302/307/120-B/121 RPC, 7/25 Arms Act of Police Station Bahu-Fort, Jammu was presented on 30/3/2005 in the Court of Chief Judicial Magistrate, Jammu, who transferred the same to the Court of learned Special Excise Magistrate, Jammu, from where the challan was committed to the Court of Principal Sessions Judge, Jammu, who transferred the same to the Court of 1 st Additional Sessions Judge, Jammu for trial. This challan remained pending there till December, 2008. Thereafter, the Hon'ble Supreme Court vide its order dtd. 20/11/2008 passed in Criminal Writ petition No. 310/2005 transferred the challan to the Sessions Court Sangroor (Punjab) on the ground that one of the accused, namely, Mohd. Abdullah was lodged in Sangroor Punjab. This challan was re-transferred from the Court of Sessions Judge, Sangroor Punjab to the Sessions Court, Samba (J&K) for trial vide order dtd. 2/12/2011.