STATE Vs. NAZIR AHMAD BHAT
LAWS(J&K)-2006-4-3
HIGH COURT OF JAMMU AND KASHMIR
Decided on April 05,2006

STATE Appellant
VERSUS
Nazir Ahmad Bhat Respondents

JUDGEMENT

MANSOOR AHMAD MIR, J. - (1.) THIS revision petition is directed against the order dated 30.09.2005, hereinafter referred to as impugned order, passed by learned Principal Session Judge, Budgam, in the case titled as State v. Nazir Ahmad Bhat and Ors. FIR No. 17712003, P/S Sadder, whereby and where -under application filed by complainant in terms of Sub -section 8 of Section 173 Code of Criminal Procedure, hereinafter, for short 'Code' came to be rejected. Heard. Perused. Considered.
(2.) IT appears that FIR No. 177/2003 under Section 306/34 of Ranbir Penal Code, hereinafter for short 'RPC', was lodged in P/S Sadder and investigation was conducted by Shri Sardar Karan Singh, Sub -Inspector, P/S Sadder. Thereafter, the Crime Branch was directed to conduct investigation in the case and it directed Bashir Ahmad, Inspector, to conduct investigation who conducted the investigation and presented the charge sheet against the accused/respondents, herein, for the commission of offences punishable under Section 306/34 of RPC which came to be committed to the Court, of Session Judge, Budgam. Mr. Mufti Mehraj -ud -Din, Special Prosecutor, moved an application in terms of Sub -section 8 of Section 173 of the Code. Accused filed objections. The learned trial court rejected the application.
(3.) WHILE going through the application, it appears that complainant had prayed for re -investigation of the case by Central Bureau of Investigation (CBI).;


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