SUKHDEV KOUR Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) By invoking the inherent powers jurisdiction under Sec. 482 of the Code of Criminal Procedure (hereinafter referred as to the 'Code'), petitioners by instant petition seek quashment of FIR No. 78/2021 dtd. 18/8/2021 registered against them in Police Station Sunderbani for the commission of offence punishable under Sec. 458, 323, 504, 506, 427 IPC on the complaint of respondent No.4 directing respondent No.3 not to harass the petitioners in a false and frivolous case and also produce the reports in the FIR No. 68/2021 dtd. 18/7/2021 registered against Noor Hussain, Afasra Bi and others conducted during earlier investigation and to disclose before this Court as to what steps were taken by him during investigation before registering FIR against the petitioners after receipt of false and frivolous complaint filed by Afsra Bi.

(2.) Brief facts of the case are, that petitioner No.1 is elected Sarpanch of Panchyat Halqa Marchola Block Siot, petitioner No.2 is Ph.D research Scholar and petitioner No.3 is B.Sc Radiology were implicated in a false and frivolous case filed by one Afsra Bi and respondent No.3 without conducting any enquiry lodged impugned FIR under Sec. 458, 323, 504, 506, 427 IPC against the petitioners on instigating by respondent No.5 (ex-sarpanch) to respondent No.7; that the petitioners and respondents 4 to 7 are residents of same Panchyat and had rivalry on issues of election contested by petitioner No.1 and wife of respondent No.5 being reserved constituency for women; complainant Afsra Bi and her family recently resident of Surankote Drabha now putting up in Panchyat Marchola on Forest Land are neighbors of respondents 5 to 7 and have land disputes over a piece of Forest land which was illegally occupied by Noor Hussain; petitioner No.1 being Sarpanch of the area having every right to inform the Govt. officials regarding the activities held in the Panchyat; with that revenge full mindset Afsra Bi filed as application against petitioners before respondent No.3, who had lodged FIR No. 78 dtd. 18/8/2021 for the commission of offences punishable under Sec. 458, 323, 504, 506, 427 IPC against the petitioners in order to drag them into false litigation with a revenge on the issues of election contested, whereas the police has already looking into the matter in FIR No. 68/2021 dtd. 18/7/2021 lodged by petitioner No.1 against respondent No. 4 and others; the grounds projected in the application are false and vague as such on the false grounds mentioned in the application which is a false story and allegations projected in the application by Afsra Bi on the instructions of Vipon Paul @ Veepttu i.e respondent No.5 seems not to be genuine and justified against the petitioner which causes un due harassment to the petitioners.

(3.) Being aggrieved of the impugned FIR and the investigation being carried out by respondent No.3 in the said case, petitioners have challenged the same on the following grounds: