NIRBHAY SHARMA Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) The present petition has been filed by the petitioner for quashing the order dtd. 17/8/2021 passed by the court of learned JMIC (Sub-Judge), Katra in an application under Sec. 156(3) Cr.P.C filed by the respondent No. 2 as well as FIR bearing No. 193/2021 dtd. 30/8/2021 registered against the petitioner in Police Station, Katra for commission of offence under Sec. 306 IPC pursuant to the order dtd. 17/8/2021 (supra). It is contended that the bare perusal of the FIR would reveal that no offence under Sec. 306 RPC is made out.

(2.) A perusal of the FIR in which contents of the application filed under Sec. 156(3) Cr.P.C have been reproduced, reveals that the said FIR has been lodged on the basis of mere apprehension that Surjeet Singh (deceased) was instigated to commit suicide by the false allegations leveled by the Tehsildar and other persons. Prima facie, case of indulgence is made out.

(3.) Notice.