SHEIKH IMRAN Vs. STATE OF J&K

JUDGEMENT

(1.) The inherent jurisdiction of the Court is sought to be invoked to quash the criminal proceedings pending before Learned Additional Sessions Judge, Udhampur under Section 153-A of the RPC registered against the petitioners in FIR No. 277 of 2012, Police Station, Udhampur and also seeking quashment of charges framed against the petitioners in case titled State v. Sheikh Imran and Nawaz Sharif.

(2.) With consent of the parties, the matter is admitted to hearing and taken up for final disposal.

(3.) The case of the petitioners in brief is that the petitioners have been arrested by the police of Police Station, Udhampur in case FIR No. 277/2012 for commission of offence under Section 153-A RPC with the allegation that on 15.08.2012, the petitioners were found wearing green coloured T-shirts over which the name and symbol of Pakistan was inscribed. On being asked by the police party as to why they are deliberately wearing the dress of Pakistan on the independence Day, the petitioners replied that their independence day was on 14th August. The petitioners have done so to promote enmity between different groups on the ground of religion and the act of the petitioners was prejudicial to maintenance of harmony.