STATE OF JAMMU AND KASHMIR Vs. KHALIQ AHANGER
HIGH COURT OF JAMMU AND KASHMIR
STATE OF JAMMU AND KASHMIR
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(1.) ORDER :- The named five respondents to this petition are accused in a Criminal Case FIR 62/94, Registered at Police Station Lalpora in connection with culpable homicide amounting to murder of one Mst. Khatooni wife of complainant and prosecution witness Abdul Salam Ahanger. The investigations culminated in a report under Section 173, R.P.C. (challan), filed before the Judicial Magistrate, Kupwara. In August 94, the case was committed for trial to Court of Session, Kupwara. Accused Khaliq Ahanger, Gani Ahanger and Ghulam Mohiuddin Ahanger, were produced in custody before the Court, whereas, the other two accused Ghulam Nabi Ahanger and Ghulam Mohd. Ahanger, who were absconding were proceeded against under Section 512, Cr. P.C. The learned Sessions Judge, vide his order dated 7-2-1995 framed charge against the three appearing accused under Sections 302, 148, 149, 324, 323 RPC. Khaliq Ahanger and Mohiuddin Ahanger were additionaly charged for commission of offences under Section 427 and 447 R.P.C. The accused pleaded not guilty to the charge and claimed to be tried. In the meanwhile, absconding accused Ghulam Nabi Ahanger surrendered before the Court on 14th March, 1999. On 2-4-1996, he was charged for the offences under Section 302, 148, 149, 324, 323, 447 and 427 RPC. He also pleaded not guilty and claimed to be tried. The other absconding accused Ghulam Mohd. Ahanger was produced in custody on 10-4-1996. He too was charged under Section 302, 148, 354, 445, 149, 324 and 323 RPC. He also pleaded not guilty and claimed to be tried.
(2.) The prosecution evidence is in pipe line. Statement of one prosecution witness has been recorded in full, while statements of two other witnesses have been recorded in part. The other evidence is yet to be recorded.
(3.) On accused's applications, the District and Sessions Judge, Kupwara released all five accused on bail vide his Order dated 4-4-1996. order and revision against such an order is barred by sub-section 4(a) of Section 435 of the Code of Criminal Procedure (hereinafter code). This sub-section bars the revisional Court from exercising the powers of revision in relation to the interlocutory order passed in an appeal, inquiry, trial or other proceedings.;
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