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2025 DAILYLAW 3404 (JK)

ATTAULLAH v. STATION HOUSE OFFICER

CRMC/197/2019 · 2025-02-10

Rajnesh Oswal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CRMC No. 197/2019 CrlM No. 233/2022 CrlM No. 475/2019[1/2019] Attaullah …..Appellant(s)/Petitioner(s) Through: Mr. Achal Sharma, Advocate vs Station House Officer .…. Respondent(s) Through: None Coram: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE ORDER 10.02.2025 1. The present petition has been filed for quashing the challan titled, ‘State vs. Attaullah’ filed against the petitioner for commission of offences under Section 420, 467, 468 and 471 RPC, pending before the court of Additional Sessions Judge, Doda (hereinafter to be referred as ‘the trial court’). Simultaneously, prayer has also been made for quashing the order dated 04.10.2018 passed by the trial court, by virtue of which, the petitioner has been charged for commission of above mentioned offences. 2. The quashing of the criminal proceedings and also the order dated 04.10.2018 passed by the trial court are sought primarily on the ground that the communication which has been made basis for prosecuting the petitioner, has not been formed part of the challan. Serial No. 22 2 CRMC No. 197/2019 3. This petition has been pending before this Court for the last six years and the Co-ordinate Bench of this Court vide order dated 16.10.2024 had directed the trial court to comply with the direction passed by this Court on 05.07.2022, whereby the trial court was directed to proceed ahead with the trial expeditiously. 4. Few witnesses have been examined and the criminal proceedings cannot be quashed on the ground that the communication has not been formed part of the challan. The learned trial court has ample power to direct the prosecution to produce the relevant communication, as such, this Court is not inclined to quash the proceedings as well as the order mentioned above. The present petition is found to be misconceived. The same is dismissed. The learned trial court shall proceed with the trial expeditiously. 5. Dismissed. (RAJNESH OSWAL) JUDGE Jammu 10.02.2025 Neha-II Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No NEHA KUMARI 2025.02.10 17:43 I attest to the accuracy and integrity of this document