High CourtsSingle Bench

Gh.Nabi Dar vs Hassan Mir

Jammu And Kashmir High Court · Decided on 7 April 1997 · Citation: (1997) KashLJ 233

HON’BLE JUDGES
A.Q.Parray, J
ACTS & SECTIONS REFERRED
Jammu and Kashmir Criminal Procedure Code, 1989 — Section 435
CASE NUMBER
Criminal Revision No. 17/1987
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Judgment

7 paragraphs · 153 words

This revision has been filed against the order dated 991986 passed by Judicial Magistrate, Tral, where under the learned Magistrate has after

holding the trial, concluded the proceeding by passing acquittal order and acquitting all the accused by giving benefit of doubt to them and stating

that the prosecution case is not proved and is full of contradictions and defects.

The person of the petitioner who has filed the present revision has no locus stand! to file such a revision as because his status is that of a

prosecution witness in the case. He cannot file a revision petition. In case respondent/state was aggrieved, they should have filed the acquittal

appeal against the finding and conclusions arrived at by the Judicial Magistrate. The private parties who are complainants have no locust and to file

the revision. This revision petition being thus misconceived, is accordingly dismissed. Records be transmitted back to the trial court.