Court : Jammu and Kashmir
Reported in : 1964CriLJ95
S. Murtaza Fazl Ali, J.1. This is a reference by the Sessions Judge Srinagar for setting aside the order of attachment passed by the trial Magistrate under Section 145 Sub-clause 4 of the Code of Criminal Procedure. As the case involved substantial questions of law on which an authoritative pronouncement of this Court was necessary, it was referred to us by a Single Judge, who had heard the case in the first instance.2. We have heard the counsel for the parties on length not only on the question as to whether or not the attachment order should be vacated but also on the question as to whether or not the entire proceedings being utterly misconceived are tit to be quashed.3. The facts leading to the present reference are as follows:-On 25-6-1962, the non applicants made an application before the District Magistrate Anantnag for taking action tinder Section 145 Cr. P. C. against the petitioners with respect to 22 Kanals and 11 Marias of land being Khasra Nos. 297, 493, 705, and 764 situat...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 1964CriLJ43
ORDERS. Murtaza Fazl Ali, J.1. This is an application against an order of the Additional Sessions Judge Srmaaar transferring Under Section 288, Cri. P. Code the statement of Dr. Hari Krishen Koul a witness examined before the Committing Court in what is known as 'Hazratbal' murder case.2. It appears that while the witness was being examined, he failed to identify some of the accused . which he is alleged to have done before the Committing Court. Thereupon, the prosecution filed an application before the Court for transferring the evidence of this witness before the Committing Court Under Section 288, Cri. P. C. The prayer of the prosecution found favour with the Court and the statement of the witness was transferred by the judge Under Section 288, Cri P. C. In my opinion, the order passed by the Court cannot be supported in law. Section 288, Cri. P. C. runs at follows:The evidence of a witness duly recorded in the presence of the accused under Chapter XVIII, may, in the discretion of t...
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