GH MOHIDIN RATTHER Vs. SHAMEEM AHMAD WANI
LAWS(J&K)-2005-5-5
HIGH COURT OF JAMMU AND KASHMIR
Decided on
May 12,2005
GH.MOHI-UD-DIN RATHER
Appellant
VERSUS
SHAMEEM AHMAD WARD
Respondents
Referred Judgements :-
SHANTI DEVI V. STATE [REFERRED TO]PARANAND BRAHMACHARI V. EMPEROR [REFERRED TO]
PANA LAL V. CHAND MAL [REFERRED TO]
RAMGOPAL GANPATRAI RUIA VS. STATE OF BOMBAY [REFERRED TO]
CHANDRU DEO SINGH VS. PROKASH CHANDRA BOSE ALIAS CHABI BOSE [REFERRED TO]
NAGAWWA VS. VEERANNA SHIVALINGAPPA KONJALGI [REFERRED TO]
DEVARAPALLI LAKSHMINARAYANA REDDY VS. V NARAYANA REDDY [REFERRED TO]
TULA RAM VS. KISHORE SINGH [REFERRED TO]
MADHAVRAO JIWAJIRAO SCINDIA VS. SAMBHAJIRAO CHANDROJTRAO ANGRE [REFERRED TO]
PUNJAB NATIONAL BANK VS. SURENDRA PRASAD SINHA [REFERRED TO]
S W PALANIKAR VS. STATE OF BIHAR [REFERRED TO]
SIVAKUMAR VS. STATE [REFERRED TO]
JAGANNATH BAPU SHIRSAT VS. STATE OF MAHARASHTRA [REFERRED TO]
RAMKISTO SAHU VS. STATE OF BIHAR [REFERRED TO]
EMPEROR VS. JAFINAN [REFERRED TO]
RADHA KISHUN SAO VS. SKMISRA [REFERRED TO]
JUDGEMENT
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(1.)This revision is directed against the order dated 10th December, 2005, hereinafter, for short the impugned order, passed by learned Chief Judicial Magistrate, Sopore, in complaint titled Ghulam Mohi-ud-Din Rather v. Shameem Ahmad Wani under Section 379 of RPC, whereby and whereunder the complaint came to be dismissed and the seized vehicle came to be released in favour of the person from whom same was seized.
(2.)Petitioner/complainant filed a complaint on 10th November, 2005 before learned Chief Judicial Magistrate, Sopore, against the respondent under Section 379 of RPC. It was alleged that complainant is the owner of tractor bearing registration No. JK05/7050. He had gone to Watlab on the tractor along with trolley for collecting ashes and while returning back he saw a maruti car coming from opposite side at Manji Sopore at about 8.30 p.m. in which accused along with 7 other persons were travelling, who came down. He could identify only accused and not other persons who stopped tractor and brought down complainant and forcibly took away the tractor with trolley along with ashes loaded therein. Complainant had prayed in the said complaint that matter be got enquired/investigated in terms of Section 202 of Criminal Procedure Code.
(3.)Preliminary statements of complainant and one witness Mohammad Maqbool came to be recorded and learned Chief Judicial Magistrate passed order dated 10th November, 2005 and directed SHO, Police Station, Sopore to conduct enquiry/investigation in order to ascertain the truth/falsehood of the complaint and deferred issuance of process against the accused.
(2.)Petitioner/complainant filed a complaint on 10th November, 2005 before learned Chief Judicial Magistrate, Sopore, against the respondent under Section 379 of RPC. It was alleged that complainant is the owner of tractor bearing registration No. JK05/7050. He had gone to Watlab on the tractor along with trolley for collecting ashes and while returning back he saw a maruti car coming from opposite side at Manji Sopore at about 8.30 p.m. in which accused along with 7 other persons were travelling, who came down. He could identify only accused and not other persons who stopped tractor and brought down complainant and forcibly took away the tractor with trolley along with ashes loaded therein. Complainant had prayed in the said complaint that matter be got enquired/investigated in terms of Section 202 of Criminal Procedure Code.
(3.)Preliminary statements of complainant and one witness Mohammad Maqbool came to be recorded and learned Chief Judicial Magistrate passed order dated 10th November, 2005 and directed SHO, Police Station, Sopore to conduct enquiry/investigation in order to ascertain the truth/falsehood of the complaint and deferred issuance of process against the accused.
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