NOWSHAD AHMAD RATHER Vs. STATE

JUDGEMENT

(1.) The present petition has been filed by the petitioner for quashing of FIR bearing No. 74/2018 registered with Police Station Kothibagh, Srinagar on 03.08.2018 under Section 353, 506 RPC on the following grounds:

(2.) Along-With the petition, the petitioner has placed on record the copy of the challan dated 28.07.2018 issued by the respondent No. 2, complaint made by the petitioner to the J&K Grievance Cell, post uploaded on Facebook and also the FIR in question.

(3.) Response stands filed by the respondents in which it is stated that Police Station Kothibagh, Srinagar received a written docket from Dy.SP Traffic, City South, Srinagar, dated 28.07.2018 that while performing duty at Radio Kashmir Crossing, one Nowshad Ahmad Rather S/o Gh. Hassan R/o Hardu Shiva, Sopore had parked his vehicle Swift bearing registration No. JK05D-0533 in the No Parking Zone. The Dy. SP traffic approached the accused person and advised him to remove his vehicle from No Parking Zone but instead of following the law, the accused person argued, threatened and obstructed him from performing his lawful duties etc. and on receipt of this docket, FIR bearing No. 74/2018 under Section 353, 506 RPC was registered and investigation was started. The investigation was closed as challan against the petitioner and charge sheet was produced before the court of Additional Munsiff, Srinagar on 08.11.2018 and the case is under trial.