Mohd. Bashir Ullah vs Unknown
2023 Latest Caselaw 2014 j&K

                                                                     Sr. No. 42
        HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                        AT JAMMU
                                                   SLA No. 15/2018
                                                   IA No. 1/2018
                                                   c/w
                                                   CRAA No. 8/2018

Mohd. Bashir Ullah                                     .....Appellant(s)/Petitioner(s)
                        Through: Mr. Z. A. Qazi, Advocate
                  Vs

                                                                 ..... Respondent(s)
State of J&K and ors.
                        Through: None

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

                                       ORDER

18.09.2023 IA No. 1/2018

1. This is an application seeking rectification in the title of the application

for leave to file the appeal.

2. For the reasons stated in the application, the same is allowed. The

typographical errors in the memo of appeal are permitted to be corrected.

3. IA No. 1/2018 is, accordingly, disposed of.

SLA No. 15/2018

4. This is an application seeking leave to file appeal against the impugned

judgment of acquittal recorded by Munsiff (JMIC), Akhnoor on

25.01.2018.

5. Learned counsel for the applicant/injured has submitted that the applicant

while appearing as a witness during trial of the case had clearly stated that

the accident had taken place due to negligence of the accused/respondent

No. 4 and there was nothing in his cross examination to disbelieve the

c/w CRAA No. 8/2018

said statement. Still then, the learned trial court has disbelieved the

statement of the applicant/injured and acquitted the accused/respondent

No. 4.

6. Having regard to the arguments advanced by the learned counsel for the

applicant, case for grant of leave to file the appeal against the impugned

judgment of acquittal is made out. Accordingly, the applicant is permitted

to file the appeal against the impugned judgment.

7. SLA No. 15/2018 is, accordingly, disposed of.

8. The main appeal is taken up for admission.

CRAA No. 8/2018

9. Issue notice to respondent Nos. 1 and 4.

10. Mr. Pawan Dev Singh, learned Dy. AG accepts notice on behalf of

respondent No. 1.

11. Notice be issued to respondent No. 4 through the Senior Superintendent of

Police, Rajouri.

12. The record of the trial court be summoned.

13. List on 22.11.2023.

(SANJAY DHAR) JUDGE

Jammu 18.09.2023 Neha-II