LAWS(J&K)-2019-3-103

RAJNISH BALA Vs. STATE OF J & K

Decided On March 01, 2019
Rajnish Bala Appellant
V/S
STATE OF J AND K Respondents

JUDGEMENT

(1.) In this petition, the petitioners seek quashment of F.I.R No.40/2013 dtd. 7/3/2013 u/s 420,467,468,471 RPC registered at Police Station, Nowabad.

(2.) Learned counsel for the petitioners submits that respondent No. 2 has leased out his shop to petitioner No.2 in the year, 2002 in which petitioner No.1 is carrying on business of dealing in drugs and medicines as per law under a valid licence and under the name and style of M/s Sanjay Medical Hall. Learned counsel further submits that whole of family members of the petitioners which comprised of his widow mother, two minor children depend upon the earning of the petitioners from the said rented shop for livelihood.

(3.) It is further submitted that on 19/9/2011, respondent No. 2, who is serving in the police department along with some other persons with criminal intention entered into the said shop under the possession of the petitioners and asked to vacate and hand over the possession of the shop, failing which, respondent No.2 would dispossess them forcibly from the said shop. Accordingly, petitioner No.2 filed a civil suit based on facts and truth against the respondent No.2 in which after considering the case prima facie the court of 1st Additional Munsiff (Forest Magistrate), Jammu granted an interim restraint/status quo order dtd. 20/9/2011 and subsequently same was made absolute on 4/2/2012. It is further submitted that respondent No.2 by applying all devices intended to oust the petitioners from the said shop and to succeed in his intentions, he abused and threatened the petitioner No.1 with dire consequences and criminally intimidated her many a times. Thereafter, respondent No.2 disconnected electric supply connection of the said shop in the last week of September, 2011 himself and thereafter, moved an application before A.E.E Electric M&R.E Sub Division, Canal road, Jammu on 15/10/2011 for disconnecting electric connection and officially the connection was disconnected on 17/10/2011.