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HC directs trial court to frame charges against alleged militant
8/11/2010 10:36:41 PM
EARLY TIMES REPORT
Jammu,Aug 11: In a criminal revision petition filed by one Nissar Ahmed against order of Additional Sessions Judge, Doda dated November 20, 2009 where under the petitioner came to be chargesheeted for the commission of offence punishable u/s 121, 121-A and 120-B RPC whereas the Trial Court discharge the accused u/s 7/25 Arms Act, Justice Mansoor Ahmed Mir of Jammu and Kashmir High Court, Jammu Wing after hearing Adv SS Ahmed appearing for the petitioner observed that virtually the petitioner-accused stands discharged for the offence u/s 7/25 Arms Act which is the basic foundation for lodging the FIR conducting the investigation and filling of complaint on behalf of District Magistrate.
According to the case, on July 6, 2009 Nissar Ahmed came to be arrested to search operation launched in Chirala of District Doda, one SLR, Four Magazines and 80 live rounds came to be recovered from his possession. The FIR was registered against him at P/S Thathari. During investigation IO on the basis of material collected reported that the petitioner/accused was also involved for the commission of offence punishable u/s 121, 121-A, 212, 216 RPC and 7/25 Arms Act. SSP Doda made a communication to District Magistrate for preparation of complaint in terms of 196-B. Accordingly District Magistrate prepared a complaint on the report of Investigating officer, the complaint to be presented before CJM Doda who committed to the case to the Court of Sessions Judge Doda which was again committed the case to Additional Sessions Judge Doda. JNF
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