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2021 Supreme(J&K) 284

VINOD CHATTERJI KOUL
Yousuf – Appellant
Versus
State of J&K – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Rahul Raina, Advocate.
For the Respondent:Mr. Vishal Bharti, Mr. Sidhant Gupta, Advocate

JUDGMENT :

1) This revision petition is directed against the judgment dated 15.12.2017 passed by the learned Chief Judicial Magistrate, Udhampur [hereinafter referred to as “the Trial Court”] in Challan titled State v. Begum, arising out of FIR No.60/2014, whereby respondent No.2, a juvenile, has been exonerated from the enquiry and absolved from the person and surety bonds, on the following grounds:

    i) The impugned judgment is unsustainable in law, as the Trial Court exonerated the delinquent juvenile merely on technical grounds.

ii) The Trial Court after noticing various defects in the investigation conducted by the police, should have directed further investigation in the matter instead of exonerating respondent No.2.

iii) The investigation in the case has been conducted in a biased manner because despite informing the Investigating Officer that son of the petitioner has been murdered by Irshad Ali, Sher Ali, Bahadar, Miyon and others, they were not apprehended by the police.

2) Briefly stated, the facts leading to the filing of this revision petition are that on 05.07.2014, Police of Police Post Ghordi came to know from reliable sources that a dead body was lying in the thoroughfar

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