RAJENDRA MISHRA Vs. UT OF JAMMU AND KASHMIR

JUDGEMENT

(1.) Through the medium of the instant petition, the petitioners seek quashment of final report/charge-sheet No. 56/2020 dtd. 12/5/2020, pending disposal before the Court of Judicial Magistrate First Class (Special Mobile Magistrate), Samba on the ground that continuance of the trial would amount to abuse of the process of law as the offences for which petitioners are being tried before the Trial Court are not made out from the charge-sheet or from the impugned FIR. It is submitted that a civil dispute is given a colour of criminal proceedings.

(2.) It appears that the impugned FIR was registered with the Police Station, Samba on a complaint which was forwarded by the Chief Judicial Magistrate, Samba.

(3.) To understand the controversy, it would be appropriate to have a brief resume of the facts which is stated hereinbelow: