ZUNAID HUSSAIN Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) The petitioners have challenged FIR No.123/2021 for offences under Ss. 287, 337 IPC registered with Police Station Budhal, Rajouri. Before dealing with the contentions raised in the petition, it would be apt to refer to the contents of the impugned FIR.

(2.) It is alleged in the FIR that, on 5/11/2021, the informant i.e., respondent No. 4 along with his brother Mohd. Khaliq was sowing crops in his land, when the petitioners herein, who were having previous enmity with the complainant party, hatched a conspiracy whereunder petitioner No.1 rashly and negligently drove a tractor belonging to petitioner No.2 and intentionally knocked down Mohd. Khaliq, brother of the informant, as a result of which his right leg was broken and he has received injuries on his left limb as well. It is further alleged that on hearing the alarm some people gathered on spot and informant and his brother were saved from the clutches of the petitioners. On the basis of these allegations, the impugned FIR came to be registered on the direction of the Magistrate and investigation was set into motion. It has been contended by learned counsel for the petitioners that as per the impugned FIR the occurrence has taken place on 5/11/2021 but the report has been lodged by respondent No.4 before the Chief Judicial Magistrate on 11/12/2021 i.e., after about 36 days, as such, the FIR and the investigation emanating therefrom are liable to be quashed. It is further contended that the petitioners are not involved in the alleged occurrence and that they have been falsely implicated.

(3.) I have heard learned counsel for the petitioners and perused the record.