SUBASH CHANDER Vs. STATE OF J&K

JUDGEMENT

(1.) THIS is an application filed under Section 561 -A Cr. P. C. for quashment of police charge sheet filed by the police of Police Station Satwari against the petitioner under Section 302 RPC. From the record that was summoned from the court below it transpires that the petitioner was directed to be added as an accused vide order of the learned 1st Additional Session Judge, Jammu passed on 17th October" 98. Record of the case indicates that since then the petitioner had not been served and therefore the court was constrained to issue process against him under Section 512 of the Code of Criminal Procedure.

(2.) FACED with the above situation petitioner filed the present petition before this Court on 19th November" 98. Case was listed before the court for the first time on 30th November198 when it was adjourned to 14th December 98. Again it was adjourned to 10th February 99. Lastly when the case came up on 23rd April 99 time was allowed to the learned Government Advocate for filing objections. It may be worthwhile to notice that learned Government Advocate had been appearing throughout in this case since Novemberâ„¢ 98. On 23rd April 99 following order was passed:

(3.) IN view of the aforesaid order petitioner was not to be arrested in connection with the case registered vide FIR No: 83/98 at Police Station Satwari, on the basis of which trial in case No: 63/Crlminal under Sections 3027 34, 109 RPC was pending before the trial court. Learned 1st Additional Sessions Judge, Jammu informed the Registrar (Judicial) of this Court vide Communication No: 227 dated 24th Juneâ„¢ 99 that the petitioner Subash Chander had not appeared in the said court at all. In these circumstances Presiding Officer had requested the Registrar (Judicial) to place the said Letter before the court for appropriate orders.