SHAILENDER SHARMA Vs. UT OF JAMMU AND KASHMIR

JUDGEMENT

(1.) Through the medium of afore-titled two petitions filed under Sec. 482 CrPC, the petitioners have challenged FIR No. 30/2022 for offences under Ss. 380/457/34 IPC registered with Police Station City, Jammu.

(2.) The impugned FIR has been registered on the basis of a complaint made by respondents Shakuntla Devi, Atul Gupta and Shalini Gupta (hereinafter referred to as the 'private respondents'). In their complaint, they have alleged that they are the partners of firm M/S A.K. Gulshan Kumar situated at Mohalla Malhotra, Jammu. According to them, they filed a civil Suit before the Court of 2nd Additional Munsiff, Jammu (hereinafter referred to as the 'Civil Court') in August 2010 for dissolution of partnership of the said firm and for rendition of accounts and that the said suit is pending adjudication. It has been further submitted that vide order dtd. 11/7/2011 passed by the Civil Court, a Commissioner was appointed for preparing an inventory of the stocks and furnishing details thereof. On 23/7/2011 the Commissioner furnished a detailed report after he inspected the shop in presence of the parties to the dispute. It has also been submitted that the shop in question remained under lock since 23/7/2011, but during the intervening night of 23/4/2022 and 24/4/2022, petitioner Ashok Kumar along with four other persons broke open the locks of the shop, where-after, he removed the stocks from the shop.

(3.) The police, on the basis of the aforesaid report, registered the impugned FIR and proceeded to investigate the case. However, the investigation of the case has been stayed by this Court in terms of interim order dtd. 26/8/2022.