Anis Ahmad Choudhary vs U.T. Of J&K And Ors
2023 Latest Caselaw 1352 j&K/2

                                            Sr. No. 1
       HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                      AT SRINAGAR
                (THROUGH VIRTUAL MODE)

                                                 CRM(M) No. 547/2023
                                                 CrlM No. 1285/2023

Anis Ahmad Choudhary                         .... Appellant(s)/Respondent(s)

                        Through:-    Mr. Shafqat Nazir, Advocate.

                  V/s

U.T. of J&K and Ors.                                      .....Respondent(s)

                        Through:-

CORAM : HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE
                        ORDER

19.10.2023 CrlM No. 1285/2023

01. This is an application seeking clarification of judgment dated 04.08.2022

whereby petition under Section 482 Cr.PC. challenging F.I.R Nos. 09/2018,

10/2018 and 07/2018 registered with Police station, Vigilance Organization,

Kashmir (now Anti-Corruption Bureau) has been dismissed.

02. It is submitted by learned counsel for the petitioner that this Court while

dismissing three petitions challenging the aforesaid three FIR's has made

certain observations stating that prima facie offences are disclosed against

the petitioner. It is being submitted that now the charge sheets in these FIR's

have been filed and the petitioner is advancing arguments on

charge/discharge before the learned trial court. According to the learned

counsel, observations made by this Court in judgment dated 04.08.2022 are

causing prejudice to the petitioner, as the same are likely to influence the

mind of the learned trial Judge.

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   03. Heard and considered.

04. A perusal of judgment dated 04.08.2022 passed by this Court reveals that

the same was rendered at a stage when the challans were yet to be filed

before the trial court and a prima facie opinion was rendered by this Court

on the basis of material available in the case diary. Now that the charge

sheets have been filed before the trial court and the case is to be considered

for charge/discharge of the accused, the said court would be free to take an

independent view of the matter on the basis of the material annexed to the

charge sheets without getting influenced by the observations made by this

Court in judgment dated 04.08.2022. Ordered accordingly.

05. The application stands disposed of.

(Sanjay Dhar) Judge

Jammu:

19.10.2023 Mihul