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2021 Supreme(J&K) 632

RAJNESH OSWAL
Gh. Sabar – Appellant
Versus
Union Territory of J&K – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Anil Khajuria
For the Respondent: Aseem Sawhney

JUDGMENT :

1. The present petition has been filed by the petitioner for quashing the order dated 01.01.2021 passed by the learned Additional Sessions Judge, Kathua (hereinafter to be referred as the trial court) subsequently, after the disposal of challan titled, “State vs. Shifiq Alam” by virtue of which, the learned trial court has directed for initiation of proceedings against the petitioner under section 479-B of the Code of Criminal Procedure (Cr.P.C.).

2. The petitioner was cited as a witness in the aforesaid challan in which it was stated that on 25.07.2014 at about 10 AM, a telephonic message was received at Police Station, Billawar regarding the death of one lady, namely, Parveen Akhter under mysterious circumstances and the body of deceased was lying in mortuary of Hospital Billawar. Inquest proceedings were initiated and during the course of inquest proceedings, several statements were recorded including the statement of father of deceased and it was found that the deceased was given severe beating in the night intervening 24/25 of July, 2014 by the accused and as a consequence of the same, the deceased died. Thereafter, FIR bearing No. 95 of 2014 was registered and after

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