PITAMBER SINGH AND ORS. Vs. STATE AND ORS.

JUDGEMENT

(1.) The instant petition filed under Section 561-A of the Code of Criminal Procedure, the petitioners inter alia seek quashing of FIR No.13/2011 dated 11.12.2011, under Sections 427 & 379 RPC, registered at Police Station Dessa, Doda against the petitioners.

(2.) Before assailing the FIR, it is in the fitness of things to give a short resume of facts leading to the filing of this instant petition.

(3.) The petitioners herein have called in question the FIR No.13/2011 registered by the SHO Police Station, Dessa, District Doda on the instructions of the Deputy Commissioner, Doda, on 11.12.2011 against the petitioners under Sections 427/379 RPC. The said FIR is nothing but a poly to harass the petitioners who have also filed a writ petition bearing OWP No.1611/2011 challenging the action of the respondents, who are in the wake of diverting the water of a spring (Keshnala, Mandrala) from village Gai Dessa to another revenue village Manjhmi, Bijharni which is about 6 Kms away from this spring. The said FIR is abjectly an abuse of the process of law and has been registered without holding any kind of enquiry much less a legal one.