MOHIUDDIN SHEIKH Vs. STATE OF J AND K

JUDGEMENT

(1.) Inherent powers stamping from Section 561-A, Cr. P.C. are invoked so as to quash FIR No. 131 1998 registered at Police Station Handwara and to arrest the investigations, thereon. The grounds on which jurisdiction is invoked are briefly put as under:

(2.) A complaint for the offences under Sections 465 and 467, Cr. P.C. was laid by the non-petitioner herein, Gh. Raseel Wani, in the Court of Chief Judicial Magistrate, Handwara. This happened on 26-3-1998. The Chief Judicial Magistrate recorded the statement of the complainant and other witnesses threshold and referred it under Section 202, Cr. P.C. to the S.P.O. of his Court for inquiry. The S.P.O. furtherance has the import wherein the Chief judicial Magistrate took cognizance of the occurrence on 4-9-1998 against four of the five accused persons. The petitioner herein who had been arraigned as the co-accused in the complaint, was left out by not being summoned by the Chief Judicial Magistrate.

(3.) Having filed the complaint the complainant, Gh. Rasool Wani, laid the information report about the occurrence with the police station at Handwara whereat the case FIR quoted above came to be registered for the offences punishable under Sections 419, 467 and 109 R.P.C. The investigation in the case is pending.