U.T Through P/S Vigilance ... vs Mushtaq Ahmad Khan And Anr
2021 Latest Caselaw 1647 j&K/2

                                                                       S. No. 09
                                                                       After Notice Matters
                      HIGH COURT OF JAMMU &KASHMIR AND LADAKH
                                 AT SRINAGAR
                                                                         CrlA (AS) No. 17/2021
                                                                            CrlM No. 971/2021
                                                                            CrlM No. 972/2021

           U.T Through P/S Vigilance Organization Kashmir         .....Petitioner(s)
                                 Through:      Mr. B. A. Dar, Sr. AAG.
                V/s
           Mushtaq Ahmad Khan And Anr.                        ..... Respondent(s)
                               Through:       Mr. Gulzar Ahmad Bhat, Adv.
           CORAM:
                     Hon‟ble Mr. Justice Sanjay Dhar, Judge.

                                                    ORDER

21.12.2021 CrlM No. 971/2021:

As per the report of the Registry, the appeal has been filed beyond prescribed period of limitation and the delay is reported to be 54 days. The impugned judgment has been passed on 08.04.2021 and the appeal has been filed on 31.08.2021. In view of the directions dated 27.04.2021 passed Supreme Court in case titled Re-Cognizance for extension of Limitation Vs. XXXX, in SMW(C) No. 03/2020, the appeal is treated to be within time.

CrlM disposed of.

CrlM No. 972/2021:

Heard learned counsel for the parties. It is contended by the Mr. B. A. Dar, learned Sr. AAG that learned trial court while passing the impugned judgment has discarded the statements of the prosecution witnesses on the basis of minor inconsistencies, while appreciating the evidence, thereby, reaching an erroneous conclusion.

Having regard to the contention raised by the petitioner, a case for grant of leave to file appeal against the impugned judgment is made out. The application is accordingly allowed and the leave to file the appeal is granted.

CrlM disposed of.

CrlA(AS) No. 17/2021:

Heard learned counsel for the parties. The appeal is admitted to hearing. Registry is directed to prepare the paper book and supply copies to both the counsels.

List for final hearing on 16.03.2022.

(Sanjay Dhar) Judge AASIF GUL SRINAGAR 2021.12.21 23:38 21.12.2021 I attest to the accuracy and integrity of this document "Aasif"