GAJENDAR SINGH MAAN Vs. STATE OF J&K
LAWS(J&K)-2020-11-35
HIGH COURT OF JAMMU AND KASHMIR
Decided on November 12,2020

Gajendar Singh Maan Appellant
VERSUS
STATE OF JANDK Respondents




JUDGEMENT

RAJNESH OSWAL - (1.)The present petition has been filed for quashing the criminal proceedings pending in the court of Judicial Magistrate 1 st Class, Srinagar (2nd Additional Munsiff, Srinagar) in file No. 56 initiated pursuant to FIR No. 06/2015 of Police Station, Kothibagh, Srinagar for commission of offences under sections 420, 471 and 188 RPC and order dated 09.02.2016, whereby the petitioner has been charge sheeted for commission of offences under sections 420 and 471 RPC. The petitioner has also challenged the order dated 09.10.2018 passed by the Principal Sessions Judge, Srinagar by virtue of which the revision petition of the petitioner against the order of framing of charges was dismissed.
(2.)A perusal of the order dated 09.10.2018 reveals that Revision petition against the order of framing of charges under sections 420 and 471 RPC, dated 09.02.2016 passed by the 2nd Additional Munsiff, Srinagar, was dismissed solely on the ground that the order of framing of charges is interlocutory in nature and the revision petition is not maintainable.
(3.)Mr. M. A. Makhdoomi, learned counsel for the petitioner has vehemently argued that the order of framing of charges is not interlocutory, as such, the revision was maintainable.
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