SHOWKAT HUSSAIN Vs. STATE OF JK & ORS.

JUDGEMENT

(1.) This Criminal revision is directed against the order dated 18th of May, 2012, passed by the Court of the learned Sessions Judge, Poonch, in file No. 58/SESSIONS, titled 'State v. Nazir Hussain and Others.', whereby the accused have been discharged for the commission of an offence punishable under Section 307 of the Ranbir Penal Code (RPC).

(2.) The petitioner has challenged the order impugned on the grounds, inter alia, that after the investigation of the case in FIR No.173/2010, registered against the respondent Nos. 2 to 8 herein this petition, a charge sheet in terms of Section 173(2) Cr. P.C. was laid against them for the commission of offences punishable under Sections 307/325/323/324/427 of the Ranbir Penal Code (RPC), before the Court of learned Chief Judicial Magistrate, Surankote, which landed into the Court of learned Sessions Judge, Poonch, by an order of committal. The learned Sessions Judge discharged the accused for the commission of an offence punishable under Section 307 of the Ranbir Penal Code (RPC) and sent the case for trial to the learned Judicial Magistrate, Surankote, on the ground that the other offences are triable by the Court of Judicial Magistrate. The petitioner has stated that the said order is liable to be set aside as it is specifically mentioned in the charge sheet that a group of persons, including the accused, armed with sticks and Trowels (Rambis) trespassed into the house of the petitioner and they, in furtherance of a common intention, started beating the petitioner, his wife and his father in law. It is also stated that the order of discharge is bad, perverse and cannot withstand the scrutiny of the law.

(3.) Heard and considered.