Excelsior Correspondent
SRINAGAR, July 26: Judicial Magistrate 1st Class (Sub-Judge) Uri, Rajesh Kumar Abrol has dismissed two separate challans presented by Uri Police under 336/427 RPC and ¾ PSA and acquitted the alleged accused.
As per the challan presented under Section 336/427 RPC, a quarrel took place between the complainant and accused namely Mohammad Shafiq and Mohammad Rahim, sons of Habibullah Mughal when the accused allowed their goats in the field of complainant and caused loss to his maize crops. Moreover, the accused pelted stones and caused loss to the tin shed of the complainant.
The Judicial Magistrate 1st Class dismissed the police challan on the ground that independent witnesses have not supported the complainant and turned hostile. Accordingly, the accused were acquitted of the charges.
According to the challan presented under ¾ PSA, one Mohammad Shafi Mir, son of Mohammad Ramzan Mir of Boniyar was apprehended by the Army while he was attempting to reach Kaman Post without prior approval of the concerned authorities.
This challan was also dismissed by the Judicial Magistrate 1st Class on the ground that the prosecution has not examined any police officer/official as a witness in the case. Moreover, IO has not been examined.
“Merely sitting in the bus doesn’t prove any offence against the accused and prosecution has failed to satisfy the court that how merely sitting in the bus constitutes the commission of any offence”, the court said, adding “police must have attached the particular notification of order or circular in support of Section 3 of Public Safety Act with the challan before its presentation but the same has not been done”.
Stating that investigation has been done in the superficial manner, the Court dismissed the challan and acquitted the accused.
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