ZAHEER KAMLAK Vs. STATE OF J&K

JUDGEMENT

(1.) Petitioners have invoked the inherent jurisdiction of this Court in terms of Sec. 561-A of since repealed J&K CrPC (akin to sec. 482 of Central CrPC) seeking quashment of FIR No. 420/2013 dtd. 11/8/2013 registered at Police Station Rajouri, wherein the petitioners were accused to be involved in the commission of offences punishable under Ss. 353, 336, 188, 147 RPC.

(2.) Petitioners/accused pleaded following facts:-

(3.) Official respondents in their counter have stated that on 11/8/2013, Head Constable Jai Paul No. 32 IR 5th Bn produced a written application at Police Station Rajouri against accused persons namely Mohd Maqbool retired ASI from police department, (2) lmran Khan, (3) Amjid Khan, (4) Zaheer Kamlak sons of Mohd Maqbool, (5) Shazad Ahmed S/O Jamaldin all R/O Ward No. 04 Malyar Mollah Rajouri, wherein the complainant has stated that he is serving in JKAP 5th Bn and presently posted at DPL Rajouri. On 11/8/2013, the complainant along with other nafri of Armed Police was deputed on law and order duty in ward No. 04 Rajouri to implement the restrictions imposed for curfew in Rajouri town and when they reached Malayar Mollah near Masjid Sharief in W.No.04 Rajouri, and saw that a karyana shop of Mohd Maqbool was found open. He was asked to close the shop, however, he instead of closing the shop, started insulting and creating hurdle in performing the official duty. Later on, the complainant informed to the then DySP (Operations) about the matter, who rushed to the spot and he tried to convince the accused persons, but the accused after closing the shutter of shop climbed to the roof of the house and started throwing stones upon the complainant and other nafri of police party. The situation became serious on spot and tear gas were used to control the situation. The accused deliberately violated the order of DM Rajouri and kept the store open despite of the curfew imposed etc. Therefore, on this information, a case FIR No. 420/2013 U/Ss 353,147,336,188 RPC was registered and the investigation was commenced. The I.O visited the spot, prepared site plan and recorded the statements of witnesses u/s 161 CrPC. I.O also seized stones and pieces of bricks from the spot as evidence and prepared seizure memo of same. During investigation, it was found that on 11/8/2013 the curfew was imposed in Rajouri town and the police persons were doing the law and order duty to implement the restrictions imposed due to curfew. The deputed official asked the accused persons to close the shop but they totally refused and all the accused persons mentioned above with common and criminal intention climbed on the roof of their house and started pelting stones upon the police party and also mishandled the DySP (Operations) and other nafri of Armed Police. In view the above facts and circumstances of the case, the offences punishable under Sec. 353, 147, 336, 188 RPC have been proved against all the above mentioned accused persons. All the accused persons are released on interim bail. Thereafter the accused party approached before this Court for the grant of stay in this case and this Court vide order dtd. 4/11/2013 stayed the investigation. The case is under investigation, as such, the present petition deserves to be dismissed.