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1998 Supreme(J&K) 184

G.L.RAINA
Mohd. Hussain Khan – Appellant
Versus
Jabeen – Respondent


Advocates Appeared:
Advocate For Appellant: Imtiyaz Ahmad Sofi

1. This revision petition calls in question the legality of and validity of the order recorded on 11-03-1998 by Session Judge, Baramulla in Session file No. 14/92 titled State vs. Masrat Jabeen and Anr. for the offence u/s 302 RPC. It is at the admission stage that I propose to dispose it of as not maintainable for the reasons as under:-

2. The Session case arising out of FIR No. 317/91 P/S Baramulla has remained pending before the learned Session Judge, from the month of March, 1992. Accused having pleaded not guilty to the charge sought trial consequent upon which the trial court directed vide the order dated 25-02-1992, the production and examination of listed prosecution witnesses. In the unambiguous order recorded on 19-02-1998, the trial Judge indicated it to the prosecution that their conduct in producing and examining the listed witnesses was not in any way satisfactory in so far as the investigating officer had not been afforded. The learned judge observed

"In my opinion sufficient opportunities have been granted to the prosecution in this case (to produce witnesses) and in case prosecution does not or has not been able to avail to same, the consequences have to be faced









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