Jammu & Kashmir High Court
Samaira Choudhary vs Dr. Javid Iqbal And Others on 8 March, 2022
Author: Javed Iqbal Wani
Bench: Javed Iqbal Wani
S. No. 11
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
CRR No. 6/2017
IA No. 1/2017 In
CRR No. 42/2018
Samaira Choudhary ...Appellant/Petitioner(s)
Through :- Mr. Sunil Sethi, Sr. Advocate with
Mr. Ankesh Chandel, Advocate in
CRR No. 6/2017
Mr. Bhanu Jasrotia, GA in CRR No. 42/2018
V/s
Dr. Javid Iqbal and others ...Respondent(s)
Through :- Mr. P.N. Raina, Sr. Advocate with
Mr. J.A. Hamal, Advocate for R-1 to 3 in
CRR No. 6/2017 & CRR No. 42/2018
Mr. Bhanu Jasrotia, GA for R-4 in
CRR No. 6/2017
Coram: HON'BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE
ORDER
Mr. P.N. Raina, learned senior appearing counsel for respondent Nos. 1 to 3 in CRR No. 6/2017 states that the said respondents have been acquitted in terms of judgment dated 30.06.2012 passed by the trial Court, which position, however, is being confronted by Mr. Sethi stating that the respondents in fact have been acquitted under Section 406 RPC and that the said respondents were discharged earlier for offence under Section 376 RPC which discharge order, however, is under challenge before this Court in CRR No. 42/2018.
2 CRR No. 6/2017
According to Mr. Sethi, the respondents have not been put to trial for offence under Section376 RPC, as such, the acquittal under Section 420, 406,120-B RPC will not be acquittal under Section 376 RPC.
Be that as it may, Mr. Raina, to furnish a copy of the judgment of acquittal to Mr. Sethi at his request.
List for consideration on 23.03.2022.
(JAVED IQBAL WANI) JUDGE Jammu 08.03.2022 Renu RENU BALA 2022.03.14 10:34 I attest to the accuracy and integrity of this document