Jammu & Kashmir High Court
State Of J&K vs Hussain Mohd And Others on 15 April, 2021
Author: Sanjay Dhar
Bench: Sanjay Dhar
S. No.202
HIGH COURT OF JAMMU AND KASHMIR
AT JAMMU
CONCR 09/2012
In
CRAA 14/2012
State of J&K ...Petitioner(s)
Through :- Mr. Adarsh Bhagat, GA
Hussain Mohd and others
't
.....Respondent(s)
Through :- None
Coram: HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE
ORDER
1. This is an application seeking condonation of delay in filing the appeal against the judgment of acquittal dated 14.09.2011 passed by Chief Judicial Magistrate, Samba.
2. Pursuant to Code of Criminal Procedure (Amendment) Act, 2012 dated 24.04.2012, published in Government Gazette on 26.04.2012, Section 417 of J&K Cr.P.C has underwent amendment whereby an order of acquittal passed by a Magistrate in respect of a cognizable and non-bailable offences has been made appealable before the Court of Sessions. Prior to the aforesaid amendment such an order was appealable before the High Court only.
3. In view of the aforesaid position of law, the instant file is directed to be transferred to the Court of learned Sessions Judge, Samba for its disposal in accordance with law.
4. Registry is directed to send the record of the case to the Court of learned Sessions Judge, Samba.
(SANJAY DHAR) JUDGE JAMMU 15.04.2021 Bir BIR BAHADUR SINGH 2021.04.19 11:31 I attest to the accuracy and integrity of this document