MOHD BASHIR Vs. STATE OF J&K
LAWS(J&K)-2006-5-19
HIGH COURT OF JAMMU AND KASHMIR
Decided on May 31,2006

Mohd Bashir Appellant
VERSUS
STATE OF JANDK Respondents

JUDGEMENT

- (1.) PETITIONERS invoke the Revisional as also the inherent jurisdiction of this Court to set aside order dated 15.05.2006 of learned Sessions Judge, Poonch, whereby petitioners had been charged under Sections 302, 120 -B, 34 R. P. C. and 7/27 Arms Act.
(2.) SH . R. P. Sharma, learned counsel appearing for the petitioners, submits that the trial Court has erred in rejecting the prayer of the petitioners for re -investigation of the case and dropping the proceedings in the absence of sanction under Section 197 of the Code of Criminal Procedure.
(3.) LEARNED counsel refers to Sankaran Moitra v/s Sadhna Das & anr., reported as 2006 (3) SCALE 414 in support of his submissions that the proceedings before the learned Sessions Judge, Poonch, need to be quashed in the absence of sanction under Section 197 of the Code of Criminal Procedure. I have considered the submissions of the learned counsel for the petitioners. Learned Sessions Judge, Poonch, has written an elaborate order dealing with the contentions raised by the petitioners for re -investigation of the case and regarding issue of sanction under Section 197 of the Code of Criminal Procedure.;


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