MOHD. RAFIQ AND ORS. Vs. STATE

JUDGEMENT

(1.) Petitioners invoke inherent jurisdiction of this Court under Section 561-A Cr.P.C seeking quashment of FIR No.39/2013 dated 23.02.2013 registered at Police Station Akhnoor under Section 447/323/147/148/RPC read with Sections 3/25& 4/25 Arms Act.

(2.) In the petition, it is stated that on 07.07.2011 at about 9 am accused persons i.e the other party bearing enmity in mind and with criminal intention, attacked by forcibly intruding into the house of complainant/petitioner No.9 and accused persons who committed battery and also indulged into acts of beating and outraging the modesty of Jamila Bibi. The police party rushed to the rescue of the petitioners and complainants to FIR and on the basis of complaint lodged by petitioner No.9, FIR bearing No.150/2011 under Sections 152,323,354,147,148 RPC was lodged in Police Station Akhnoor and after conducting investigation, total 13 persons were made accused and Challan was presented in the Court of Munsiff Akhnoor which is pending disposal after framing of charge and is at present at the stage of leading of evidence by prosecution. It is further contended that the impugned FIR was lodged against the petitioners on the basis of an application moved by the accused with respect to the same incident under section 156(3) and the factum of same incident, same time was also mentioned by the accused persons, and however, the place of incident was shown to be their ploughing fields. The persons who are serving and had gone to their respective offices were also implicated falsely and frivolously in the said application. The application was forwarded by the Court to the concerned Police Station with the direction to investigate the matter but the police knowing the veracity of the alleged incident and after conducting investigation did not find anything and as such did not proceed in the matter. Ultimately the accused got up from slumber and move application before the learned Chief Judicial Magistrate, Jammu to conduct inquiry/investigation under section 202 after lapse of more than one and half years from the date of alleged incident. The said application was forwarded by the CJM Jammu to Munsiff Akhnoor and after receiving the report from police Station, directed the SHO P/S Akhnoor to lodge FIR and it was solely on the basis of the order passed by learned Munsiff Akhnoor that FIR impugned was lodged against the petitioners after a lapse much time from the date of alleged incidents. The complainant has alleged that Gun was brandished by the accused persons but the fact remains that the Gun had been already seized by the Police in a counter FIR lodged against the complainants herein.

(3.) The impugned FIR bearing No.39/2012 and order dated 04.02.2013 passed by JMIC Munsiff Akhnoor is assailed on amongst grounds: