SUSHIL KUMAR Vs. UT OF J&K

JUDGEMENT

(1.) Two FIRs with the Police Station R. S. Pura expose themselves to cancel each other and for doing that this Court is resorting to its inherent powers vested and held under Sec. 482 of the Code of Civil Procedure, 1973.

(2.) Though in the petition the jurisdiction under article 226 of the Constitution of India is invoked for quashment of FIR no. 174/2020 dtd. 17/8/2020 for offences under Sec. 436/336/427/147/148/149 IPC but this Court is dealing with the matter in exercise of its jurisdiction under sec. 482 Cr. P.C. 1973 as this Court is inclined to quash FIR no. 174/2020 read with FIR no. 173/2020 instead of referring the same for an investigation by constitution of a special investigation team of high ranking officials for which purpose the petitioners chose to invoke jurisdiction under article 226 of the Constitution of India rather than sec. 482 Cr. P.C., 1973.

(3.) The petitioners also are relatable to FIR no. 174/2020 are all residents of village Chakroi, tehsil Suchetgarh, district Jammu. The respondent no. 5 is also resident of very same village. The petitioners on one hand and the respondent no. 5 are placed as opponents in the political affairs of the area in particular village Chakroi.