Jammu & Kashmir High Court
Zeenat Masih & Anr vs State Of J&K on 26 April, 2016
Author: Mohammad Yaqoob Mir
Bench: Mohammad Yaqoob Mir
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU 561-A No. 231 OF 2010 Zeenat Masih & anr Petitioners State of J&K Respondent !Ms. Garima Gupta. ^None Honble Mr. Justice Mohammad Yaqoob Mir, Judge Date: 26-04-2016 :J U D G M E N T :
1. Petitioners seek quashment of order dated 22.04.2008, in pursuance whereof charge has been framed against the petitioners 2
2. The first contention of the learned counsel for the petitioners is that the report lodged was frivolous. The investigating
3. It is no more res integra that at the time of framing or otherwise of the charge, all that Magistrate is required to do is 3 process of the court and to secure the ends of justice from being defeated.
4. Learned counsel for the petitioners tried to project that the witnesses examined under Section 161 are all hear say witnes
5. In view of the submissions made, perused the statement of Chaman Lal as recorded under Section 161, post-mortem report and
6. May be contention of the learned counsel for the petitioners to the effect that, in fact, Chaman Lal, a listed witness, ha 4 framing or otherwise of the charge, such a position cannot be looked into as being matter for trial.
7. One of the petitioners i.e. petitioner Zeenat Masih being very old and according to learned counsel not even able to walk,
8. Be that as it is, in the given facts and circumstances, without commenting upon the merits of the case, the case is not su 5
9. One of the accused is stated to be fairly old and unable to walk, shall remain exempted from personal appearance before th
10. Trial court record along with copy of the order be sent back forthwith.
(Mohammad Yaqoob Mir) Judge Jammu 26.04.2014 Mohammad Altaf