MOHINDER PAUL SINGH Vs. STATE OF J&K

JUDGEMENT

(1.) THE instant appeal under Clause 12 of the Letters Patent Rules is directed against the judgment and order dated 06.11.2009 rendered by learned Single Judge of this Court in 561-A Cr.P.C no. 148/2009.

(2.) IT is appropriate to mention that one Mohammad Imran Dagga along with Ms. Amrit Paul Kour, daughter of the appellant, filed a Criminal Misc. petition with a prayer for quashing FIR no. 264/2009 registered at the instance of one Sanat Singh at Police Post Bemina, alleging kidnapping of Ms. Amrit Paul Kour by the writ petitioner-respondent no.5. With a prayer for quashing the FIR and also to seek protection to their life and liberty, the aforesaid Mohammad Imran Dagga along with Ms. Amrit Paul Kour approached this Court and the learned Single Judge has issued directions to the State to ensure that no one interferes in the life and liberty of Ms. Amrit Paul Kour and in her putting up with Mohammad Imran Dagga. The SHO Police Station Parimpora has been directed to take requisite measures and provide all requisite police protection to them; and keep the Senior Superintendent of Police, Srinagar, informed about the action taken by him in this behalf. The learned Single Judge has also admitted the aforesaid Mohammad Imran Dagga to bail. However, the learned Single Judge has declined the relief of quashing the FIR by placing reliance on the judgment of Hon'ble the Supreme Court. The view of the learned Single Judge is discernible from the following para of the judgment:-