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2022 Supreme(J&K) 521

VINOD CHATTERJI KOUL
Javed Ahmad Bhat – Appellant
Versus
State of Jammu & Kashmir – Respondent


Advocates appeared:
Mr. Rouf Ahmad Parray, Advocate., for the Appellant; Mr. Faheem Nisar Shah, GA for R1. Mr. Saqib Amin Parray, Advocate for R-2 to 32., for the Respondent

JUDGMENT

1. The present Criminal Revision Petition has been filed against judgment and order dated 12.11.2018 passed by the learned Judicial Magistrate 1st Class, Aishmuqam (for short, the 'trial court') whereby the respondents/accused, facing trial for offences punishable under Sections 447, 427, 336, 354, 436A, 323 RPC were acquitted. The acquittal of the accused/respondents has been challenged on the grounds that the prosecution in the case was not conducted fairly and the judgment has been passed in a haste manner without asking the prosecution to produce the rest of the prosecution witnesses. The impugned judgment also suffers from perversity as the accused has caused damage to the property of the petitioner about which the witnesses have clearly stated that the occurrence had taken place and the accused persons have committed the offences alleged against them and the trial Court has taken a wrong view, as such, the judgment passed by the trial Court deserves to be set aside.

2. Heard the learned counsel for the parties and perused the record on the file. 03. Briefly stated, the facts of the case are that on 13.08.2012, a written complaint was received by the Police of Police S

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