VINOD KUMAR Vs. SOMI DEVI

JUDGEMENT

(1.) With the consent of the learned counsels for the contesting parties, the matter is taken up for final disposal.

(2.) Through the medium of present petition, the petitioner has impugned the order dtd. 10/6/2023 passed by the learned Chief Judicial Magistrate, Kishtwar in an application under Sec. 156(3) Cr. P.C. titled, 'Somi Devi vs. Vinod Kumar' filed by the respondent No.2, by virtue of which the learned Magistrate has directed the SHO, Police Station, Dachhan to register an FIR. The petitioner has also sought the quashing of FIR No. 11 of 2023, under Sec. 336/304-A IPC registered with Police Station Dachhan pursuant to the order dtd. 10/6/2023 passed by the learned CJM, Kishtwar.

(3.) Order dtd. 10/6/2023 passed by the learned Chief Judicial Magistrate, Kishtwar has been impugned by the petitioner on the ground that when an application under Sec. 165(3)Cr.P.C was filed by the respondent No. 1/complainant before the learned Chief Judicial Magistrate, Kishtwar, the learned Magistrate recorded the statement of the complainant under Sec. 200 Cr. P.C. and after recording of the statement, directed the SHO, Police Station, Dachhan to register FIR under Sec. 156(3) Cr. P.C.