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2018 Supreme(J&K) 298

JANAK RAJ KOTWAL
Shahida Shafi – Appellant
Versus
State of J&K – Respondent


Advocates Appeared:
For the Petitioner: Mr. Molvi Aijaz, Adv.
For the Respondent: Mr. B.A. Dar, Sr. AAG.

JUDGMENT :

1. This is a petition under section 561-A Cr.P.C.

2. In the charge-sheet filed by the State Crime Branch Police after investigation in FIR No. 24/2013 of Police Station, Crime Branch, Kashmir under sections 5(1) (d) read with 5(2) P.C. Act and 420, 201, 120-B RPC, petitioners are stated to have figured at Serial Nos. 22 and 23 respectively in the array of the accused persons. However, proceedings against petitioner No. 1 and some others, because of their juvenility, are being held on a separate charge-sheet by the Juvenile Justice Board (Chief Judicial Magistrate), Srinagar where she is stated to be figuring as accused No. 3.

2. Petitioners seek quashing of both the charge-sheets primarily on the ground that the accusation against them do not constitute commission of any offence inasmuch as prosecution has no legal evidence, which can warrant their conviction. It is contended that the only witness cited as PW 16 against the petitioners has not supported the prosecution case at the trial of the case. The other witness, namely, Shabir Ahmad, PW-21, has been arrayed as accused and dropped from the list of witnesses so his statements recorded under section 161 or under section












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