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IN THE HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT JAMMU
SANJAY DHAR
Mohammad Yaseen – Appellant
Versus
State of J&K – Respondent
JUDGMENT :
SANJAY DHAR, J.
1. The petitioners, through the medium of the present petition, have invoked inherent jurisdiction of this Court under Section 561-A of the Jammu and Kashmir Code of Criminal Procedure (now Section 528 of BNSS) seeking quashment of order dated 29.05.2018 passed by learned Sessions Judge, Kishtwar (“Revisional Court”) whereby order dated 13.06.2017 passed by learned Chief Judicial Magistrate, Kishtwar (“Trial Magistrate”) has been set aside and the learned trial Magistrate has been directed to proceed against the petitioners/accused in accordance with law.
2. Briefly stated the facts leading to the filing of the present petition are that on 23.04.2012, petitioner No. 1-Mohd Yaseen, who was Investigating Officer in case FIR No. 03 of 2012 for offences under sections 376/363/109 RPC registered with Police Station, Kishtwar, brought seven accused including accused Shah Nawaz and Hussain Dar in proper custody before the court of learned trial Magistrate for the purpose of presentation of challan in the aforesaid case. When he opened the handcuffs of the accused, above named two accused fled away from the custody of the police and a report in this regard was recei
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