Srinagar, Feb 12: The Court of the Principal Sessions Judge, Srinagar, has discharged one accused and framed charges against another in a case originally registered under charges of abduction, destruction of evidence, and theft at Police Station Maisuma.
The case stems from a complaint filed by a man who alleged that on April 25, 2025, he and his friend had reached Lal Chowk after arriving from Katra. Being unfamiliar with the area and local accommodations, they reportedly sought assistance from an unidentified motorcyclist, who asked them to follow him.
According to the prosecution, the complainant alleged that he and his friend were taken to an unknown location where their ATM card and ₹5,000 in cash were forcibly taken. It was further alleged that the complainant was subsequently taken on a motorcycle towards the JNLM Hospital road, where ₹20,000 was withdrawn from his ATM account after the accused allegedly forced him to disclose the PIN. The complainant also stated that he was later abandoned near Dal Lake after the accused allegedly took a total of ₹25,000 and a mobile phone.
Following the complaint, FIR No. 28/2021 was registered at Police Station Maisuma under Sections 364 (abduction/kidnapping), 201 (destruction of evidence), and 382 (theft after preparing to cause death, hurt or restraint) of the Indian Penal Code.
During the hearing, the prosecution argued that sufficient material existed to establish the prima facie involvement of both accused persons. However, defence counsel — Advocates Tabassum Manzoor, Shahid Rashid and Qazi Mohammad Athar — strongly opposed the charges, contending that no test identification parade (TIP) had been conducted, no ATM CCTV footage had been collected, and no bank statements were placed on record to substantiate the prosecution’s claims. The defence further argued that the second accused had been implicated solely on the basis of the alleged disclosure statement of the first accused, without any independent or legally admissible evidence.
After hearing both sides, the court observed that the essential ingredients required to attract Section 364 IPC were not made out against either accused. The court held that continuing proceedings under the kidnapping charge would amount to an abuse of the process of law and accordingly discharged both accused of the offence under Section 364 IPC.
The court, however, found that a prima facie case under Section 382 IPC was made out against accused No. 1, Imtiyaz Ahmad Shah of Khanyar, Srinagar, and directed that charges be framed against him for the said offence.
Accused No. 2, Umar Qadir Dar of Natipora, Srinagar, was fully discharged from the case, with the court observing that there was no legally admissible or independent material connecting him to the alleged offence.
The trial will now proceed against accused No. 1 under Section 382 IPC alone.
