(1.) This Petition has been filed under Section 561-A Cr.P.C. seeking quashment of the complaint/application titled Ravi Kumar v. Gopal Krishan& ors . filed by respondent No.2 under Section 156(3) Cr.P.C., 1973 and order dated 22.04.2015 passed by learned Judicial Magistrate 1st Class (Munsiff), Jammu in the said application for investigation; also for quashing FIR No.88/2015 dated 26.04.2015 registered against the petitioners in Police Station, Janipur Jammu for the commission of offences punishable under Sections 147, 427, 506 RPC pursuant to the order passed by learned Magistrate; and consequently for quashing of Police Challan titled State v. Gopal Krishan& ors . pending disposal before the Court of learned Special Railway Magistrate, Sub-Judge, Jammu; and proceedings initiated thereon by learned Magistrate.
(2.) Facts giving rise to filing of the instant petition are that respondent No.2 alongwith his father-Mela Ram and brother-Kavi Kumar has tried to encroach upon the path of proforma-respondent forcibly& illegally and proforma-respondent in order to prevent them has filed a civil suit titled Gopal Krishan v. Mela Ram& ors. which was assigned to the Court of learned Munsiff, Jammu and learned Munsiff Jammu on 28.05.2014 was pleased to pass an order whereby the parties to the suit were directed to maintain status quo on spot with regard to the suit property; that despite passing of the status quo order, respondent No.2 along-with his family members i.e. defendants in the said suit had tried to obstruct the proforma-respondent and his family members to use the path, therefore, the proforma-respondent has moved an application for implementation of order dated 28.05.2014 through police and the Court of Munsiff, Jammu passed an order dated 16.04.2015 whereby the interim order of status quo dated 28.05.2014 was directed to be implemented on spot by SHO Police Station, Janipur Jammu; that on 17.04.2015, Police of Police Station, Janipur Jammu had come on spot and implemented the order dated 28.05.2014 in presence of proforma-respondent, respondent No.2 and family members of respondent No.2 and at the said relevant time, the petitioners were not present on spot; that petitioner No.2 namely Shiv Kumar Kataria is Junior Engineer in BSNL and was posted at office of the DE Bts BSNL Jammu whereas petitioner No.3 namely Anurodh Kataria is Generator Operator and was on duty at Uflex Limited, Lane No.3, Phase-I, Bari Brahmana Samba on 17.04.2015 but despite that respondent No.2 has moved a false and frivolous application titled Ravi Kumar v. Gopal Krishan& ors. before the Court of learned Munsiff, Jammu under Section 156(3) Cr.P.C., 1973 for directing the Incharge Police Station Janipur to lodge an FIR against the petitioners and proforma-respondent on various false and frivolous facts without approaching the police authorities and consequent upon filing of this application before the Court of learned Munsiff, Judicial Magistrate Jammu, the learned Magistrate without appreciating the fact that the application does not disclose the commission of cognizable offence and the complainant/respondent No.2 before filing of the application under Section 156(3) Cr.P.C., 1973 has not complied with section 154(1) and 154(3) Cr.P.C., 1973 passed an order dated 22.04.2015 whereby the police of Police Station Janipur was directed to investigate the matter; that after registration of FIR, investigation of the matter has started and the petitioners have approached the police and cooperated with the Investigating Agency.
(3.) It is submitted that the petitioners were not on spot at the time of alleged occurrence and petitioner Nos.2& 3 namely Shiv Kumar Kataria& Anurodh Kataria were on their duty and the concerned authorities have issued the documents which prima facie prove that at the time of alleged occurrence, the petitioner-Shiv Kumar Kataria and Anurodh Kataria were on their official duty and both the petitioners in order to prove their innocence have produced the aforesaid documents before the police in terms of the Police Rules 597; that the police has not considered the documents produced in terms of the Police Rules 597 before the Investigating Officer by the petitioners to prove their innocence and has filed the challan against the petitioners and proforma-respondent before the Court of learned Chief Judicial Magistrate, Jammu and the learned Chief Judicial Magistrate, Jammu transferred the said challan to the Court of learned Special Railway Magistrate, Sub-Judge, Jammu and the learned Special Railway Magistrate, Sub-Judge, Jammu has initiated the proceedings on the said Police Challan; that the petitioners are aggrieved by the application filed under Section 156(3) Cr.P.C., 1973 and order passed by the learned Munsiff Jammu on the said application for investigation on 22.04.2015 and consequently, the petitioners are also aggrieved by the registration of FIR No.88/2015 registered with Police Station, Janipur Jammu and Police Challan pending disposal before the Court of learned Special Railway Magistrate, Sub-Judge, Jammu and proceedings initiated thereon by the learned Magistrate, therefore, the petitioners have left with no option except to approach the Hon'ble Court with prayer for quashing the same, on the following grounds:-