GHULAM MOHD AND OTHERS Vs. MOHD YOUSAF

JUDGEMENT

(1.) This petition under Section 561-A Cr.P.C (for short the "Code" ) has been filed seeking quashment of Criminal Complaint titled Mohd Yousuf vs. Ghulam Mohd and other as well as order dated 31.10.2014 passed by learned Judicial Magistrate Ist Class (Sub Judge) Jammu whereby the learned Sub Judge prima facie established the case for the commission of offence under Sections 451/504/506/511 RPC.

(2.) Relevant facts briefly are these:

(3.) Petitioners, in the petition, have stated that due to the ill will in the minds of the respondent, he used to harass the petitioners and was often threatening the petitioners to implicate them in some false and frivolous cases. It is further contended that keeping in same anonymity towards the petitioners, the respondent along with other persons hatched a criminal conspiracy and suggested one Mohd. Haniff to slit the throat of his daughter with a blade and level the allegation of murder against the petitioners so that the petitioners can be implicated in a criminal case, fearing from such acts of the respondent, the petitioners had moved an application before the concerned Tehsildar for taking some appropriate action. It is further stated that Tehsildar directed the concerned police post to investigate the matter, which was accordingly investigated by the incharge police post and proceedings were initiated against the respondent along with other persons. Learned counsel stated that in order to counter the proceedings initiated against the respondent in Kishtwar, he in order to harass the petitioners filed a false criminal Complaint U/s 323,341,147,451,452,504,506, and 511 RPC and 3/25 Arms Act on 25.08.2014 against the petitioners before the learned CJM, Jammu.