State Of J&K vs Hussain Mohd And Others
2021 Latest Caselaw 479 j&K

                                                                  S. No.202

            HIGH COURT OF JAMMU AND KASHMIR
                          AT JAMMU

                                                        CONCR 09/2012
                                                        In
                                                        CRAA 14/2012


State of J&K                                                     ...Petitioner(s)

                 Through :- Mr. Adarsh Bhagat, GA



Hussain Mohd and others
't
                                                             .....Respondent(s)

                 Through :- None


Coram:      HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE


                                     ORDER

1. This is an application seeking condonation of delay in filing the

appeal against the judgment of acquittal dated 14.09.2011 passed by Chief

Judicial Magistrate, Samba.

2. Pursuant to Code of Criminal Procedure (Amendment) Act, 2012

dated 24.04.2012, published in Government Gazette on 26.04.2012, Section 417

of J&K Cr.P.C has underwent amendment whereby an order of acquittal passed

by a Magistrate in respect of a cognizable and non-bailable offences has been

made appealable before the Court of Sessions. Prior to the aforesaid amendment

such an order was appealable before the High Court only.

3. In view of the aforesaid position of law, the instant file is directed to

be transferred to the Court of learned Sessions Judge, Samba for its disposal in

accordance with law.

4. Registry is directed to send the record of the case to the Court of

learned Sessions Judge, Samba.

(SANJAY DHAR) JUDGE JAMMU 15.04.2021 Bir

BIR BAHADUR SINGH 2021.04.19 11:31 I attest to the accuracy and integrity of this document