SATISH KUMAR Vs. RAVINDER SINGH

JUDGEMENT

(1.) The petitioner has instituted the instant petition while invoking inherent jurisdiction of this Court under the Code of Criminal Procedure for quashing the proceedings initiated on a complaint filed by the respondent herein before the Court of Munisff, Judicial Magistrate First Class, Bani (for brevity 'trial court') against the petitioner including the order of cognizance dtd. 3/4/2019.

(2.) The petitioner seeks quashment of the proceedings in the complaint inter alia on the grounds that the contents of the complaint as well as preliminary statement of the complainant-respondent herein shows the ingredients of Sec. 504 and 506 RPC missing, and that the petitioner has not committed any offence much less the offences contained in the complaint and that the petitioner at the relevant point of time specifically mentioned in the complaint was not present in the Police Station and that the trial Court while taking cognizance in the matter and issuing process against the petitioner has committed abuse of process of Court and that the allegations levelled in the complaint are highly improbable and that the complaint has been instituted maliciously with an ulterior motive to wreck vengeance against the petitioner.

(3.) Before adverting to the grounds urged, a brief background of the facts as detailed out in the petition reveal that the petitioner is working as an Inspector in the Police Department and a complaint came to be instituted against him by the respondent herein while his working as Station House Officer in Police Station, Bani, Kathua. It is being stated that in compliance to a direction of Additional District Magistrate, Kathua (for brevity 'District Magistrate') dtd. 23/3/2019, all persons holding licensed weapons came to be directed to deposit their licensed weapons in the nearest police station.