SHAMIMA AKHTER Vs. STATE OF J&K
HIGH COURT OF JAMMU AND KASHMIR
STATE OF JANDK
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(1.) NEITHER petitioners nor their counsel is present. Respondents are not also present, despite notice. The trial Court record has been received.
Parties personal appearance and hearing, in the circumstances, is
dispensed with U/S 440 Cr. P. C.
(2.) I have examined the record. The learned District and Sessions Judge, Budgam under the impugned order has framed charge sheet against
accused U/S 307, 326 and 201 RPC, after the case was committed by the
Chief Judicial Magistrate Budgam to the Court of Sessions. The charge
framed against the accused is after hearing the parties and taking the
material annexures with challan, in consideration.
(3.) THIS order of framing charge on 29.12.97 is challenged in this revision petition on the ground that the material on record does not
disclose the offence with which the accused are charged. The trial Court
has not applied its mind to the case. The material placed before the
Court does not disclose the offence with which accused are charged.
After the case is committed, the Court of Sessions takes up the trial of the case in accordance with provisions of Chapter XXIII of Cr.
P. C. Sections 268 and 269 of this chapter deal with the question(s) of
discharge of accused or charging accused with an offence(s). Section 268
of Cr. P. C. provides that if no consideration of record of the case and
documents submitted thereto before the Sessions Court and after hearing
the parties, the Sessions Judge considers that there is no sufficient
ground for proceeding against the accused, he shall discharge accused
after recording reasons thereto. Section 269 Cr. P. C provides that if
after according the consideration and hearing as provided by Section 268
of Cr. P. C, interalia the Sessions Judge is of opinion that there is
ground for presuming that accused has committed an offence exclusively
triable by the Court of Sessions, he shall frame the charge against the
accused and follow the procedure as provided in the code particularly by
Section 269 Cr. P. C and other sections included in Chapter XXI11 of Cr.
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