SURESH THAPA Vs. STATE OF J&K & ORS.

JUDGEMENT

(1.) The petitioner seeks quashing of FIR No. 7 of 2008 registered under Section 306 RPC at Police Station Bari Brahmana, Jammu.

(2.) The petitioner says that he was unnecessarily taken into custody by Police and severely tortured that landed him in Hospital where he remained admitted for treatment until October 10,2007. The cruel treatment meted out to him during his police custody is stated reported to higher authorities including the Governor of State. The FIR is alleged as counter blast to the complaints that he, his family members and other villagers had made against the Police Officers, who were responsible for his torture.

(3.) Mr. Lehar, learned Senior counsel appearing for him submitted that the circumstances leading to the filing of Application by the complainant on the basis whereof FIR was registered would not disclose commission of any offence and registration of FIR was, therefore, abuse of the process of law and its continuance would result in failure of justice when the whole issue was considered in the background of facts leading to registration of FIR.