Jammu and Kashmir Court April 2007 Judgments
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Veerendra Mohan, Lt. Col. Vs. Union of India (Uoi) and ors.
Court: Jammu and Kashmir
Decided on: Apr-27-2007
Reported in: 2007(2)JKJ256
J.P. Singh, J.1. Seeking quashing of show cause notice dated 08.08.2006 of the Chief of Staff, 16 Corps, annulment of order dated 04.09.2006 of Corps Commander 16 Corps and a direction for promotion to the rank of A/Col, Lt. Col. Veerender Mohan petitioner, functioning as Deputy Judge Advocate General 16 Corps, has filed this Petition under Article 226 of the Constitution of India read with Section 103 of the Constitution of J&K.;2. The case set up by the petitioner in his petition, in nut shell, is that a false complaint made by a lady officer (Capt. Ms. X {it is not considered proper to disclose the name of the lady officer additionally because she has not been arrayed as a party respondent to this writ petition}), resulting in the constitution and holding of a Court of Inquiry, had found the petitioner responsible for 'various misdemeanours' and ultimately culminating in communication of a 'Severe Displeasure (Recordable)' to the petitioner.3. The petitioner says that right from the...
State Vs. Mohd. Rafiq and ors.
Court: Jammu and Kashmir
Decided on: Apr-26-2007
Reported in: 2008(1)JKJ551
1. In all seven accused were initially booked in this case. Saraj Din S/O Sh. Nizam-ul-Din was initially arrested and others were proceeded under Section 512 Cr.P.C. During the pendency of the trial, respondents-Mohd. Rafiq, Abdul Qayoom and Atta Mohd. (since acquitted) were also apprehended and sent for trial. On an application filed by Saraj Din, contending that he was below 15 years of age on the date of occurrence, his case was segregated and sent for trial under the special Act (Juvenile Justice Act), whereas aforesaid Mohd. Rafiq and other two (respondents herein) were charged under Sections 302/307/396/149/120B/138 RPC, 7/27 Arms Act. Vide impugned judgment of learned Additional Sessions Judge, Doda dated 22-02-2006, they have now earned acquittal.2. In our view the accused who were not tried by the Court should not have been shown in the title of the appeal as proforma respondents.3. The instant appeal is at its motion stage for which the trial Court records were also summoned ...
State Vs. Nanak Raja Rao
Court: Jammu and Kashmir
Decided on: Apr-26-2007
Reported in: 2008(1)JKJ547
1. State has preferred the instant appeal against the acquittal earned by the respondent-Nanak Raja Rao (for short hereinafter referred to as the accused) under Section 302 RPC, vide impugned judgment of learned 1st Additional Sessions Judge, Jammu dated 05-10-2005.2. The deceased in this case is Smt. Padmawati wife of the accused who as per the case set up by the prosecution had hanged herself to death in family quarter situated in DD Enclave (Nagrota). The factum of her death was got initially registered in the daily diary No. 25 dated 2-1-1998. Proceedings under Section 174 Cr. P.C, were got initiated by the Police. During the investigation, a Sari and piece of Wire which were stated to have used by the deceased to commit suicide were taken into custody. A bottle containing 150ml. of liquor was seized alongwith the vomited material. Other procedural formalities were also completed. Subsequently, FIR No. 3/98 was registered against the respondent and after he was formally arrested a ...
Hans Raj Parihar and anr. Vs. State
Court: Jammu and Kashmir
Decided on: Apr-25-2007
Reported in: 2008CriLJ2673,2007(2)JKJ209
Hakim Imtiyaz Hussain, J.1. These two criminal transfer applications have been filed under Section 526 of the Code of Criminal Procedure seeking transfer of criminal challan titled State v. Hans Raj Parihar and six Ors., under Sections 364, 302 and 120B RPC from the court of learned Sessions Judge, Srinagar to any other criminal court al Jammu.2. Criminal transfer application No. 5 of 2007 has been filed by one Bahadur Ram Kaith S/o Malik Ram R/o Ward No. 13, Bishna, Jammu through his wife Smt. Pyari Devi while as cr. transfer application No. 7/07 has been filed on behalf of Hans Raj Parihar S/o B.C. Parihar R/o Palmar tehsil Kishtwar, district Doda through his wife Smt. Sudesh Parihar.3. The brief facts relevant for the disposal of these petitions are as under:On 14.12.2006 one Gh. Qadir Padder S/o Gh. Rasool R/o Larno Kokernag, Anantnag lodged a written report in Police Station Batmalbo stating therein that on 8.12.2006 Abdul Rehinan Padder S/o Gh. Rasool Padder R/o Larno Kokernag, A...
Touseef Ahmad Vs. State of J and K
Court: Jammu and Kashmir
Decided on: Apr-25-2007
Reported in: 2007CriLJ4432,2007(2)JKJ314
Y.P. Nargotra, J.1. The accused/petitioner is facing trial in the Court of learned Sessions Judge, Kathua for commission of the offence as contemplated by Section 376 RPC. The case of prosecution against the accused is that on 11.6.2006 at 6:30 PM the prosecutrix in the company of her mother and sister were going to the house of one Farooq Ahmed for fetching seasonal fruit. In the way as the mother of prosecutrix was to attend the call of nature, so she instructed the prosecutrix and her sister to go to the house of said Farooq Ahmed. On reaching there they did not find any one in the house. However, the accused/petitioner, who was living in the neighbourhood, came forward to deliver fruit to them. He took both the girls to the first floor of the house of Farooq Ahmed and asked the sister of the prosecutrix to wait in the varandah. Thereafter, he took the prosecutrix inside the room and committed rape on her. The victim came out from the room weeping, while the accused/petitioner escap...
Suraj Parkash Vs. State of Jammu and Kashmir
Court: Jammu and Kashmir
Decided on: Apr-25-2007
Reported in: 2007(2)JKJ328
Y.P. Nargotra, J.1. This Criminal appeal is directed against the judgment dated 4-6-1986 passed by the Special Judge, Anti Corruption, Jammu whereby the accused/appellant has been convicted for the commission of offences under Section 467 RPC and Section 5(i)(d) punishable under Section 5(2) of the Prevention of Corruption Act and sentenced to undergo rigorous imprisonment for five years, with a fine of Rs 1000/- and in default of payment of fine to undergo simple imprisonment for a period of three months for each of the offences. Both the sentences have been ordered to run concurrently.2. Appellant Suraj Parkash Mishra, was the Accounts Clerk in the office of Dr. Abdul Majid, Block medical Officer, Samba in December, 1977. Dr. Abdul Majid, Block Medical Officer was the Drawing and Disbursing Officer and the appellant being the Cashier- Accounts Clerk was maintaining the Cash Book and drawal register. It was his duty to prepare the bills and draw the money, after the same were attested...
Narinder Singh Vs. State of J and K and ors.
Court: Jammu and Kashmir
Decided on: Apr-25-2007
Reported in: 2007(2)JKJ368
Y.P. Nargotra, J.1. The J&K; Service Selection Board vide its Advertisement Notice No. 6 of 2005 dated 21.11.2005 invited the applications for the post of Lab Assistant available in Districts Kathua and Udhampur. The break-up of the vacancies as shown in the advertisement notice in regard to Districts Kathua and Udhampur was:KathuaS...01ALC...02Total...03UdhampurOM...01S...02RBA...01ALC...01Total...052. In terms of Clause 4 of the Advertisement Notice, an eligible candidate could apply for more than one post by submitting the separate applications. The qualification prescribed for the post of Lab Assistant was 'matric with Diploma in Lab. Assistant Training from SMF or any other recognized Institute.' The petitioner has passed the Secondary School Examination and has also obtained diploma in MEP Lab Technology after undergoing the training at P. C. Memorial College, Hamirpur issued by the State Council for Vocational Training, Himachal Pradesh Sunder Nagar under the Directorate of Tech...
Shanti Devi Vs. Collector Land Acquisition
Court: Jammu and Kashmir
Decided on: Apr-21-2007
Reported in: 2007(2)JKJ340
Mansoor Ahmad Mir, J.1. This civil first appeal is directed against the award /judgment dated 24th of August, 2000 passed in file No. 10 LAA, date of Institution 8th of March, 1995, titled as Shanti Devi v. Collector whereby and where under compensation was enhanced from Rs. 10,000/- to Rs. 40,000/- per Kanal, for short 'impugned award'.2. Brief facts of the case are as under:Land of appellant came to be acquired in terms of the provisions of Land Acquisition Act, and an award came to be passed. The appellant disputed the adequacy of compensation and made an application before the Collector (Assistant Commissioner (R) Land Acquisition, Udhampur for making reference to the District Court in terms of Section 18 of the Land Acquisition Act for enhancement of the compensation for land measuring 6 kanals falling in Khasra No. 276 and 277 situated at village Roun Tehsil Udhampur. Accordingly, reference came to be made. Respondents filed objections and following issues came to be framed on 1s...
Amar Nath Vs. State and ors.
Court: Jammu and Kashmir
Decided on: Apr-21-2007
Reported in: 2008CriLJ86,2007(2)JKJ317
Mansoor Ahmad Mir, J.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 chargesheet 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 Sessions can take cognizance.Section 205D of the Code reads as under:Commitment of...
Sham Sunder and ors. Vs. Shikha Sharma
Court: Jammu and Kashmir
Decided on: Apr-21-2007
Reported in: 2007(2)JKJ343
Mansoor Ahmad Mir, J.1. Petitioners have invoked the jurisdiction of this Court by the medium of this petition for quashing of proceedings in the complaint titled Dr. Shikha Sharma v. Sham Sunder and Ors. under Section 295 RPC drawn by Special Judge (Principal Sessions Judge), Jammu on the grounds taken in the petition.2. Heard.It appears that Dr. Shikha Sharma-complainant filed a complaint before Special Judge-Principal Sessions Judge, Jammu for the commission of offences punishable under Sections 504, 295, 295A read with Section 34 of the Ranbir Panel Code, for short, 'RPC'. Preliminary statements of complainant and one witness came to be recorded on 6th of October, 2005 and after going through the complaint and the said statements, trial Court- Special Judge has drawn cognizance and issued process against the accused-petitioners herein for the commission of offence punishable under Section 295 RPC. Summons came to be issued to the accused-petitioners.3. Feeling aggrieved, this petit...
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