AMAR NATH Vs. STATE OF JAMMU AND KASHMIR
LAWS(J&K)-2007-4-5
HIGH COURT OF JAMMU AND KASHMIR
Decided on April 21,2007

AMAR NATH Appellant
VERSUS
STATE Respondents




JUDGEMENT

- (1.)THIS Criminal Revision is directed against the order dated 6th of march 2007, passed by learned 1st Additional Sessions Judge, Jammu, in a case titled State v. Harmeet Singh, for the offences punishable under Section 302 of ranbir Penal Code, hereinafter for short as rpc, read with Section 4/27 Arms Act, FIR no. 31/2001 P/s. Meeran Sahib, whereby and whereunder, application of State/prosecution for arraying Amarnath as accused, came to be allowed.
(2.)THE question involved in this petition is whether trial Court-1st Additional Sessions Judge Jammu was having powers, competence and jurisdiction to array the person as an accused against whom the charge-sheet has not been submitted by the prosecution?
(3.)IN order to reply this question, it is necessary to notice some relevant provisions of Criminal Procedure Code, hereinafter for short Code. Section 193 of the Code provides when Court of Session can take cognizance.


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