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| Alleged militants discharged on technical ground | | CJ allows revision petition, directs trial court to frame charges | | Early Times Reprot
Jammu, Aug 12- Allowing revision petition filed by the state against the alleged militants who were discharged on technical ground, the Chief Justice of Jammu and Kashmir High Court Justice Barin Ghosh today directed that the matter be remitted back to Sessions Judge Poonch for framing charges.
Accused Ahmed Din and others involved in militant activities were discharged at the stage of framing charges on October 16, 2004.Upon this the State filed criminal revision in the State High Court through Additional Advocate General AH Qazi.
While allowing the petition the Chief Justice observed that challan was filed against the accused for committing offences under section 123, 212, 121-A, 122, 120-B, 121, 302 and 307 RPC read with section 7, 25, 26 and 27 of Indian Arms Act. At the time when cognizance was to be taken, the accused persons contended that no complaint having been filed for the offences alleged in view of section 196 Code of Criminal Procedure as such no cognizance on such challan can be taken.
Chief Justice further observed that in the instant case the conspiracy has found in the order under revision makes it amply clear that the same was allegedly aimed at to achieve offences said to have been committed u/s 302 and 307 of RP. Therefore, requirement of complaint u/s 196 A was not applicable in relation to offences punishable u/s 302 and 307 of the RPC r/w section 120-B RPC. With these observations High Court allowed the revision and remitted back the matter to Sessions Judge Poonch for framing charge under these sections.
According to the prosecution case on September 4, 2003 two foreign militants attempted to intrude to the Army Camp at Kamsar at 4.30 AM. However, the Sentry post foiled the attempt of the accused persons. In order to lay morcha in a nearby house the accused tried to enter the house but Zahida Parveen wife of Ashaq did not open the door. Upon this militants shot her dead and caused serious injuries also to other family members
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