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2018 Supreme(J&K) 248

SANJAY KUMAR GUPTA
Koushal Kumar Sharma – Appellant
Versus
Prerna Sharma – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. O. P. Thakur, Advocate.

JUDGMENT :

1. Through the medium of instant petition, petitioner seeks re-hearing of the petition bearing 561-A Cr.P.C. No.65/2008 & connected MPs, which has already been dismissed vide order dated 28.10.2017 without deciding the main issue raised by the petitioner, inter alia, on the following grounds:-

(a) That the learned Chief Judicial Magistrate, Jammu, had no jurisdiction to pass the order impugned on the basis of same material and evidence which was earlier considered by the learned Sessions Judge and confirmed by this Court that the respondent had failed to prove that she was the daughter of the petitioner, has not been decided due to oversight. The said petition, therefore, deserves to be reheard after recalling the order dated 28.10.2017.

(b) That in the earlier round of litigation, the learned Sessions Judge, Jammu has clearly recorded a finding that there was no iota of evidence that the respondent was the daughter of the petitioner. The said order has been confirmed by this Court on the basis of reference made by the said Court. The respondent in her application filed before the trial Court clearly pleaded that in view of the said judgment passed by the learned Sessions J


























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