MOHD KHALIQ Vs. STATE

JUDGEMENT

(1.) PETITIONER , who is an Army Personnel, was put to trial for his involvement in a case under Section 320/120 -B, 121/122/123 RPC and Section 26/27 of the Arms Act. The challan was presented by the police on 16.4.2002 in the court of Munsiff Judicial Magistrate 1st Class, Mendhar. On presentation of challan, the same was committed to the Court of Principal Sessions Judge, Poonch, which was competent court to try the case. The trial seems to have remained pending for a period of five years and during the course of trial, statements of 13 witnesses have been recorded.

(2.) BY order dated 13.09.2007, the learned Sessions Judge, Poonch set aside the committal order dated 16.4.2002 by holding that it was contrary to the provisions of Section 549 of the Code of Criminal Procedure and Rules 3 & 4 of the J&K Criminal Courts and Court Martial (Adjustment of Jurisdiction) Rules, 1983. After setting aside the said -order, the Magistrate was directed to proceed under Section 549 Cr. P.C and rules made thereunder.

(3.) ON receipt of the file, learned Judicial Magistrate, vide his order dated 21.09.2007, directed the Commanding Officer of 7th JAK RIF, Mirah Sahib, to exercise the option in terms of Section 549 Cr. P.C by or before 4.10.2007. It seems that no response was given by the Commanding Officer. The proceedings, as such are struck before the Magistrate.