ABASS ALI Vs. STATE OF JAMMU & KASHMIR

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.189/2017 dtd. 14/10/2017 registered with Police Station, Mendhar, for commission of offences punishable under Ss. 451/147/504/506RPC on the following grounds:-

(2.) The respondent-SHO Police Station, Mendhar has filed status report stating that on 20/9/2017, one Mohd Aziz S/o Khadim Hussain caste Solan R/o Ari, submitted an application against 1. Asif Ali S/o Mohd Razaq, 2. Mohd Azam S/o Hakim Din, 3. Mst. Shamim Akhter W/o Mohd Azam, 4. Nayaz Ahmed S/o Mohd Azam, 5. Nawaz Ahmed S/o Mohd Azam, 6. Mst. Ulfat Bi W/o Mohd Razaq, 7. Mst. Asma Kousar W/o Rameez Anjum D/o Mohd Razaq, 8. Abas Ali S/o Mohd Razaq, 09. Mohd Hussain S/o Munir Hussain, 10. Negat Ara W/o Asif Ali R/o Ari, 11. Mohd. Bashir S/o Saraj Din, 12. Sameer Ahmed S/o Mohd. Bashir R/o Harmutta Gursai duly endorsed by Chief Judicial Magistrate, Poonch, mentioning therein that the non-complainant has registered a fake FIR against him under Ss. 223/342/313 RPC and during the course of investigation police has deleted Sec. 313 and Sec. 498-A added. In the status report, it is further stated that the non-complainant is an employee in defence and on 16/9/2017 he came on leave and started speaking un-parliamentary language and other non-complainants also came in the house of complainant who also spoken bad language. The said complaint was sent to I/C PP Ari for enquiry about the matter, who after conducting enquiry filed a detail report before CJM Poonch, and the court passed a direction for lodging of FIR. On this, a case FIRNo.189/2017 under Sec. 451, 147, 504, 506 RPC has been registered and the investigation of the case entrusted to ASI Kuldeep Raj of 1/C PP Ari. During the course of investigation, Investigating Officer visited on spot, prepared site plan and recorded the statements of witnesses under Sec. 161 Cr. P.C. In the status report, it has been further stated that during the further course of investigation accused, namely 1. Abas Ali S/o Mohd Razaq R/o Ari, 2. Mohd Bashir S/o Saraj Din R/o Harmutta Gursai are given bail by Police and 10 other accused persons are still absconding.

(3.) I have considered the rival contentions of the learned counsel for the parties.