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2023 Supreme(J&K) 44

SANJEEV KUMAR, PUNEET GUPTA
Rayaz Ahmad – Appellant
Versus
Union Territory of J&K – Respondent


Advocates Appeared:
For the Petitioner: I.H. Bhat.
For the Respondent: Rahul Sharma.

JUDGMENT :

Sanjeev Kumar, J.

Crl. M. No. 1789/2022

1. The appeal by accused Reyaz Ahmad directed against the order of framing of charge dated 25.10.2019 read with order dated 26.08.2022 passed by the learned 3rd Additional Sessions Judge, Jammu (Special Judge under section 22 of the National Investigating Agency Act, 2008) is delayed by 29 days. On being put on notice, the respondent appearing through Mr. Rahul Sharma, Deputy Advocate General, has chosen not to file objections in view of the preliminary objection raised with regard to the maintainability of the appeal.

2. We have considered the application for condonation of delay, which, as noted above, is not seriously opposed by the respondent and we are of the considered view that the applicant/appellant has shown sufficient cause which prevented him from filing the appeal within the limitation. The application is, therefore, allowed and delay in filing the appeal is condoned.

Crl.A. (D) No. 58/2022

3. In the appeal on hand the appellant has challenged the order of framing charge dated 25.10.2019 as also the order dated 26.08.2022 whereby the request of the appellant for alteration of the charge has been rejected. The appeal is prefe

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