ASHA RAM Vs. STATE OF J. AND K.

JUDGEMENT

(1.) Petitioners have invoked the jurisdiction of this Court in terms of Section 561-A of J. & K. Code of Criminal Procedure (for short, Cr.P.C.) for quashing FIR No. 15/2007 under Sections 323/307/341/325/34/201 RPC and 4/25 Arms Act registered against them at Police Station Arnia, final report submitted by respondent No. 2 and the charge framed vide order dated 30.4.2008 by learned Addl. Sessions Judge, Jammu, on the grounds taken in the petition.

(2.) It is contended that petitioners 2 & 3 were not present when the alleged incident occurred. Petitioner No. 3 has neither made any disclosure statement nor any recovery has been effected. FIR and the investigation conducted are false and is the outcome of malafide intentions. The disclosure statement is also manipulated.

(3.) It appears that petitioners have raised some factual aspects of the case detailed in para-3 of the petition. These are the matters to be thrashed out during trial and at this stage cannot be a ground for quashing the FIR, final report and the charge framed. At the time of framing charge the court has to take into consideration the material on the file and mere suspicion is enough for framing the charge. Whether disclosure statement has been made or not and whether that has led to recovery is also a matter to be gone through during trial. Learned trial court has passed the detailed order. It is apt to reproduce paras 2, 3 & 5 of the order herein: