SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2021 Supreme(J&K) 575

RAJNESH OSWAL
State of J&K – Appellant
Versus
Tanveer Ahmad Salah – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Asifa Padroo
For the Respondent: M.A. Qayoom

JUDGMENT :

1. The present revision petition has been preferred against the order dated 27.07.2010 (hereinafter to be referred as the order impugned) passed by the Court of Learned 1st Additional Sessions Judge, Baramulla (hereinafter to be referred as the trial court) by virtue of which the respondents have been discharged for commission of offences under sections 302, 307 RPC and section 3 of the Public Properties (Prevention of Damages) Act and have been ordered to be charged for commission of offences under sections 304-A, 323, 336, 341, 427, 148 and 149 RPC.

2. The order impugned has been assailed primarily on the ground that the learned trial court has exceeded its jurisdiction and has virtually appreciated the statements of the witnesses recorded under sections 161 and 164-A Cr.P.C. while passing the order impugned as if the trial court was passing final judgment of conviction or acquittal. It is also stated that the trial court has discharged the accused on the ground that there are no chances of conviction of the accused under the provisions of Sections 302, 307 and Section 3 of Public Properties (Prevention of Damages) Act. It is also further stated that the learned trial co

      Click Here to Read the rest of this document
      1
      2
      3
      4
      5
      6
      7
      8
      9
      10
      11
      SupremeToday Portrait Ad
      supreme today icon
      logo-black

      An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

      Please visit our Training & Support
      Center or Contact Us for assistance

      qr

      Scan Me!

      India’s Legal research and Law Firm App, Download now!

      For Daily Legal Updates, Join us on :

      whatsapp-icon telegram-icon
      whatsapp-icon Back to top