JAI KUMAR Vs. STATE OF J & K

JUDGEMENT

(1.) Through the instant petition filed under Sec. 561-A of the Code of Criminal Procedure (hereinafter for short, Cr.P.C) petitioners seek quashment of FIR No.19/2018 dtd. 3/3/2018 registered with Police Station, Gharota, Jammu for commission of offences under Ss. 447, 427, 336, 504, 506 and 147 RPC alongwith investigation conducted to involve the petitioners in a false and frivolous case.

(2.) Petitioners claim to be owner and in possession of the land measuring 16-Kanal falling under Khasra No.3706/2845 situated at Village Kote. The inheritance mutation of the same is attested in favour of the petitioner Nos.1 to 5. It is stated that the above said land is adjoining to the land of the respondent Nos. 4 and 5. It is further stated that the private respondents have constructed a shop on their land; land of the petitioners is open and when petitioners wanted to fence the land, respondents started quarreling with them.

(3.) Learned counsel for the petitioners contends that on 19/2/2018 at about 10:00 to 10:30 AM, the petitioner No.1 was fencing his land, the private respondents and their servant kept in the shop entered in the field of the complainant and started hurling abusive languages and they attacked the petitioner No.1 and inflicted injuries on him with iron rod and threatened the petitioner No.1 that in case he came there again they would kill him. Due to the injuries caused with iron rod by Sanjeev Kumar and Sunil Kumar, bone of the left hand of the petitioner No.1 has been fractured. On 19th of February, 2018, the petitioner No.1 filed a complaint before the SHO Police Station Gharota itself and got treatment from Medical College/Hospital Jammu vide MLC No.4533 of 2018 dated 19th of Feb, 2018, and he was advised by the doctors for X-ray and after X-Ray it was found that the left hand of the petitioner No.1 has been fractured.