FAROOQ AHMED Vs. STATE OF J&K

JUDGEMENT

(1.) Through the medium of instant petition filed under Section 561-A Cr.P.C., petitioner-Farooq Ahmed seeks quashing of order dated 03.04.2014 passed by learned Chief Judicial Magistrate, Doda, whereby the complaint filed by the private respondent No.4 under Section 506/376/511 RPC has been forwarded in original to the SHO Police Station Doda. Petitioner also seeks quashing of FIR No.56/2016 dated 04.04.2014 registered against the petitioner in Police Station Doda.

(2.) Facts giving rise to the instant petition are that the petitioner was initially engaged as R-E-T Teacher in Govt. Primary School Chapla and after completing five years satisfactory service was converted as General Line Teacher vide order dated 19.11.2013. Private respondent No.4 on coming to know that petitioner has been appointed as General Line Teacher, he came inimical to the petitioner and threatened the petitioner number of times to leave the job. Private respondent No.4 has filed false and frivolous complaint against the petitioner under Section 506, 376/511 RPC before the Hon'ble Chief Judicial Magistate, Doda, on 03.04.2014 and learned CJM Doda without application of mind has directed SHO Police Station Doda to investigate the matter and ultimately FIR No.56/2014 came to be registered against the petitioner in Police Station Doda under Section 511/376 RPC.

(3.) Learned counsel for the petitioner further submitted that the petitioner has been implicated in the impugned FIR without any material evidence on record and that no investigation has been done in the said FIR. That on the basis of impugned FIR, the petitioner can be arrested at any time and the arrest of the petitioner would be of serious consequences being a Govt. employee.