Jammu & Kashmir High Court
State vs Mohd. Idrees And Anr on 28 December, 2020
Author: Sanjay Dhar
Bench: Sanjay Dhar
Sr. No. 240
After Notice
HIGH COURT OF JAMMU AND KASHMIR
AT JAMMU
(THROUGH VIRTUAL MODE)
Crl LP No. 71/2019
CrlM No. 1072/2019
In
CrlA (AS) No. 26/2019
State .....Petitioner(s)
Through :- Mr. A.M Malik, Dy. A.G
V/s
Mohd. Idrees and anr. .....Respondent(s)
Through :- .
Coram: HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE
ORDER
CrlM No. 1072/2019
Through the medium of the instant application, the petitioner is seeking condonation of delay in filing of the appeal against the impugned judgment dated 05.11.2018 passed by the learned Additional Sessions Judge, Rajouri.
For the reasons stated in the application, delay of 168 days in filing the appeal is condoned.
The application stands disposed of. Crl LP No. 71/2019 The petitioner is seeking leave to file appeal against the impugned judgment dated 05.11.2018 passed by learned Additional Sessions 2 Crl LP No. 71/2019 CrlM No. 1072/2019 In CrlA (AS) No. 26/2019 Judge, Rajouri, whereby respondents have been acquitted in a case arising out of F.I.R No. 265/2012 for offence under Section 436 RPC of Police Station, Rajouri.
I have heard learned counsel for the appellant and perused the record.
Learned counsel for the appellant has submitted that the learned trial Court, while acquitting the accused, has not appreciated the prosecution evidence in its right perspective.
Having regard to the submissions of learned counsel for the appellant, a case for grant of leave is made out.
Accordingly, the application is allowed and appellant is permitted to file appeal against the impugned judgment. CrlA (AS) No. 26/2019
The appeal is admitted to hearing. Issue notice to the respondents.
Record of the trial Court be summoned. Registry shall prepare the paper book and process the case for final hearing.
List on 08.03.2021.
(SANJAY DHAR) JUDGE Jammu 28.12.2020 Tarun TARUN KUMAR GUPTA 2020.12.29 17:15 I attest to the accuracy and integrity of this document