Judgment :

Sanjeev Kumar, J.

1. Impugned in this petition filed by the petitioner under Section 561-A of the J&K Code of Criminal Procedure is an order dated 13th of November, 2015, passed by the Court of learned Additional Sessions Judge, Sopore (“the trial court”, for short) in file No.84 titled State vs. Imtiyaz Ahmad Mir and others. In terms of the impugned order, protest petition filed by the respondent No.2 for constituting a Special Investigation Team (SIT) for further investigation of the case has been disposed of and a direction has been issued to add the petitioner herein as an accused in the pending challan.

2. Briefly stated, the facts leading to the filing of this petition are that on 20th of April, 2014, Police Station, Sopore, received an information from reliable sources that some unknown terrorists had barged into the house of one Khazir Mohammad Naikoo and indulged in indiscriminate firing killing one Nazir Ahmad on spot and injuring Shri Shabir Ahmad. On this information, an FIR bearing No.95/2014 under Section 302/307 RPC and 7/25 Arms Act was registered by the police and investigation in the matter set in motion. While the investigation was going on, the injured Shabir Ahmad also succumbed to his injuries and died. The Investigating Officer recorded the statement of witnesses and on that basis took into custody some suspected persons for interrogation. The accused Imtiyaz Ahmad Mir, who was arrested in FIR No.113/2014, made a confessional statement to the extent that prior to the occurrence he along with accused Aijaz Ahmad had inspected and identified the house of Khazir Mohammad Naikoo, the father of deceased Nazir Ahmad, at the instance of one Shri Muzaffar Ahmad Naikoo. And that, he along with accused Aijaz Ahmad had made said Muzaffar Ahmad Naikoo aware about the situation. His further statement was that he along with Javaid Ahmad Mantoo, Sameer Ahmad Wani and Mehmood Bai proceeded towards the house of Khazir Mohammad Naikoo in a Maruti car along with Sajad Ahmad Malla and cordoned off his house. Three gunmen entered his house and started indiscriminate firing in which Nazir Ahmad Naikoo died on spot and Shabir Ahmad got seriously injured etc. etc.

3. On the basis of disclosure statement made by accused Imtiyaz Ahmad Mir, the vehicle used in the crime was seized. The accused Imtiyaz Ahmad Mir and Aijaz Ahmad were arrested in the FIR on 27th of July, 2014. The accused Sajad Ahmad Malla was also formally arrested in the FIR in question. Muzaffar Ahmad Naikoo and Sameer Ahmad Wani could not be traced and they were proceeded under Section 512 Cr. P. C. The other accused, namely, Mehmood Bai was already killed in an encounter on 22nd June, 2014.

4. The Investigating Officer after completing the requisite formalities presented the challan before the trial court for disposal under law. The trial court, on the basis of material collected during investigation, framed charges against accused Imtiyaz Ahmad Mir, Aijaz Ahmad and Sajjad Ahmad Malla, who pleaded not guilty and claimed to be tried. The prosecution commenced its evidence and examined witness PWs 1 to 5 and PW 8 out of 14 witnesses listed by the prosecution. The statement of Khazir Mohammad Naikoo, the de facto complainant, who figured at serial No.1 in the list of prosecution witnesses, was also recorded by the trial court.

5. While the prosecution witnesses in the case were being examined, Khazir Mohammad Naikoo, the father of deceased Nazir Ahmad Naikoo, filed a protest petition before the trial court seeking a direction to SSP, Baramulla, to constitute a SIT to investigate FIR No.95/2014 so that the actual perpetrators of double murder are brought to book. The protest petition was filed, primarily, on the allegation that one Ghulam Nabi Naikoo, who happens to be the brother of Khazir Mohammad Naikoo (“the protest petitioner” hereinafter), was the person who had actually hatched a conspiracy for committing the murder of entire family of the protest pe