ALI MOHAMMAD MAGREY
Junaid Bashir Dar – Appellant
Versus
State of J&K – Respondent
01. The petitioners are seeking relief with reference to the powers available in the Court under Section 561-A Cr. P.C. for quashment of FIR bearing No. 55/2015 registered at Police Station Kral Khud, Srinagar, under Section 436 RPC as well as the criminal proceedings initiated against the petitioners by the Court of 2nd Additional Sessions Judge, Srinagar, in furtherance of the final report submitted in the form of Challan No. 12/2016 as also the charge framed against them by the learned trial Court vide order dated 6th of December, 2016.
02. The brief facts leading to the filing of the instant petition are that case FIR No. 55/2015 stands registered at Police Station Kral Khud, Srinagar, under Section 436 RPC against the petitioners and, on completion of the investigation, the final report in terms of Section 178 of the Cr. P.C. stands submitted before the Court of learned Principal Sessions Judge, Srinagar, which, in turn, has been transferred to the Court of learned 2nd Additional Sessions Judge, Srinagar. The learned trial Court, as stated, has framed the charge against the petitioners on 6th of December, 2016, and, on commencement of the trial, same is pending.
03. Th
State of Bihar v. J.A.C Saldanha (1980) 1 SCC 554
Hazari Lal Gupta v. Rameshwar Prasad (1972) 1 SCC 452
Jehan Singh vs. Delhi Administration (1974) 4 SCC 522
R. P. Kapur vs. State of Punjab reported in AIR 1960 SC 866
State of Andhra Pradesh vs. Golconda Linga Swamy reported in AIR 2004 SC 3967
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