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Jammu & Kashmir High Court

Zaffar Iqbal Khan vs Union Territory Of J&K And Others on 25 February, 2021

Author: Puneet Gupta

Bench: Puneet Gupta

                                                                       Suppl. List- 1
                                                                       Sr. No. 115
             HIGH COURT OF JAMMU AND KASHMIR
                         AT JAMMU

                                                   CRM(M) No. 109/2021
                                                   CrlM No. 344/2021
                                                   I




Zaffar Iqbal Khan                                           ......Petitioner(s)
                        Through :- Mr. Ajay Sharma, Advocate
                                    v/s

Union Territory of J&K and others                           ......Respondent(s)

                        Through :- Mr. Adarsh Bhagat, GA for R- 1 & 2
                                   Mr. Achal Sharma, Adv. for R-3

Coram:       HON'BLE MR. JUSTICE PUNEET GUPTA, JUDGE
::: :                                  ORDER

The petitioner seeks quashment of FIR No. 43/2021 dated 11.02.2021 registered with Police Station, Mendhar for offence under Sections 354, 326-B & 382 IPC against the petitioner. The case set up in the petition is that the litigation is going on between the parties and there is matrimonial discord between the petitioner and respondent No.3. It is also submitted that the complaint was lodged earlier against the petitioner and the present FIR is also filed with the same allegations against the petitioner. It is revealed from the FIR in question that the petitioner is stated to have thrown acidic substance also on the complainant Nazia Anjum, during the alleged occurrence of 11.02.2021.

Learned counsel for the petitioner in support of his contentions raised in the petition has referred judgments Raghuvir Vs. State of Maharashtra and another (2018 ALL MR(Crl) 4055) date of decision 13.07.2018 and Ahmad Ali Quraishi and another Vs. State of Uttar Pradesh and another (2020 0 Supreme (SC) 90) decided on 30.01.2020. 2 CRM(M) No. 109/2021

Issue notice.

After going through the petition and the arguments of the learned counsel for the petitioner, it is directed that the challan shall not be produced in the competent court of law till next date of hearing before the Bench. However, the investigation in the impugned FIR can continue.

Mr. Adarsh Bhagat, learned Government Advocate accepts notice on behalf of the respondent Nos. 1 & 2. Mr. Achal Sharma, Advocate accepts notice on behalf of the respondent No.3. They shall file objections by the next date. Notice to respondent No.4.

List on 23.03.2021.

(Puneet Gupta) Judge Jammu 25.02.2021 Shammi SHAMMI KUMAR 2021.02.26 10:25 I attest to the accuracy and integrity of this document