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2013 Supreme(J&K) 282

HASNAIN MASSODI, BANSI LAL BHAT
Mohammad Rafiq and Ors. – Appellant
Versus
State of J&K and Ors. – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff:Mr. Sunil Sethi, Sr. Advocate , Mr. Mohsin Bhat, Advocate
For Respondents/Defendant: Mr. Ravinder Sharma, AAG

Hasnain Massodi, J.;—

1. Major Narinder Singh, Company Commander, F - COY 39 Rashtriya Rifles Grenadiers, stationed at Jagal, Mendhar on 8th December 2006 received a source information regarding presence of terrorists in the area under his control. The information prompted him to launch joint search operation with CRPF and SOG Mendhar in general area Banola-Kaneti. While search operation was on, the search party came to know that one terrorist was holed up in appellant's residential house at Kaneti. It was learnt that the appellants to help the terrorist escape arrest, kept him locked inside an alimirah/cupboard in the house. The information received made Major Narinder Singh to deploy a search column at 730 hours, to the target area i.e. appellant's house. The search party went into the house and found an alimirah locked. The appellants were not found in the house. However, their two daughters were present in the house. The search party asked the younger daughter namely Ms. Kiran Firdous to get keys of almirah from her mother Azmat Bi, who was stated to have gone to perform her duties in the local school. Ms. Kiran did not return and the head of the search party made a similar requ



























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