WASEEM AHMAD GOSANI Vs. STATE THROUGH SHO SADDAR

JUDGEMENT

(1.) In this petition, filed under section 561-A Cr.P.C., the petitioners have craved the indulgence of this Court in quashing/setting aside the F.I.R bearing No.53/2011 dated 11-04-2011, registered by the petitioner No.11 against the petitioners 1 to 10 at Police Station, Saddar, Srinagar, for the commission of offences punishable under section 147, 148, 34, 452, 427, 354 RPC & the proceedings emanating therefrom and pending before the Court of Special Mobile Magistrate, Passenger Tax& Electricity, Srinagar, in case titled State through Police Station Saddar v. Waseem Ahmad Gosani and another bearing File No. 93/M.

(2.) Before adverting to the grounds, urged by the petitioners for seeking the aforesaid relief, the facts that lead to the registration of the FIR require to be assessed and evaluated. The FIR delineates that on 11-04-2011, a written complaint was filed by the petitioner No. 11 against the petitioners 1 to 10, alleging therein that without any apparent reason, they (petitioners 1 to 10), with ulterior motive, trespassed into her residential tin shed with axes and lathies in their hands. The complaint culminated into filing of the F.I.R aforesaid.

(3.) The respondent - State laid the final report before the Court of Special Mobile Magistrate, Passenger Tax and Electricity, Srinagar, against the petitioenrs 1 to 10. However, in terms of order dated 27-12- 2013, the learned trial Court passed an order, discharging all the accused. Feeling aggrieved of the said order of the trial Court, the complainant - petitioner No. 11, filed a Criminal Revision before the Court of learned 3rd Addl. District Judge, Srinagar, seeking re-appreciation of the facts and the law. The learned Court of 3rd Addl. District Judge, Srinagar, by an order dated 22-04-2015, remanded the matter to the trial Court for reconsideration.