NAZIRAN BI Vs. STATE

JUDGEMENT

(1.) Through the currency of this petition, the inherent jurisdiction of the Court under Section 561-A of the Code of Criminal Procedure (for short 'the Code') has been invoked in seeking quashment of FIR No. 103/2003 for offences under Sections 2/3-A, EPIMCO, 120-B/121, 121-A/123- 212, RPC, together with the order dated 15-1-2004, by virtue of which charges under the aforesaid provisions have been framed, to the extent it pertains to the petitioners, on the ground that the cognizance taken by the trial Court and charges framed, are without jurisdiction and an abuse of process of the Court because of the bar created under Section 196 Cr. P. C. that no Court shall take cognizance of the offence to which the provisions of Section 196 of the Code apply, unless upon a complaint made by order of or under authority from (the Government or District Magistrate or such other officer as may be empowered by the Government in this behalf).

(2.) It appears that first information report came to be registered with Police Station, Poonch, on the basis of communication No. 669/SO dated 26-7-2003. For facility of reference the communication is re-produced as under:

(3.) It is clearly gatherable from record that on the registration of the case for offences under Sections 2/3-A EPIMCO, 120- B/121, 121-A/123-212 RPC, investigation was conducted by the Police. On the conclusion of the investigation, challan against the petitioners and other accused persons was presented before the Sessions Judge, Poonch. Cognizance of the offences was taken by the learned Sessions Judge, Poonch, vide his order dated 15-1-2004 and he found prima facie charge under Sections 2/3-A EPIMCO, 120-B/121, 121-A/123- 212, RPC, made out against the petitioners and formal charges were framed against them, accordingly.