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[Cites 3, Cited by 0]

Jammu & Kashmir High Court - Srinagar Bench

Saif U Din Shah & Ors vs Police Station Sogam on 25 September, 2020

Author: Sanjay Dhar

Bench: Sanjay Dhar

                                                                                       Item No.5 Supp.
                                                                                       List.

                                         IN THE HIGH COURT OF JAMMU AND KASHMIR
                                                       AT SRINAGAR
                                                    (THROUGH VIRTUAL MODE)
                                                                        CRM (M) No. 143/2020
                                                                        CrlM No. 535/2020
                                                                        CrlM No. 536/2020


                      Saif U Din Shah & Ors.                                        ...Petitioner(s)
                                         Through:    Mr. F. A. wani, Advocate.

                                V/s

                      Police Station Sogam.                                        ...Respondent(s)

CORAM: HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE (ORDER) By way of instant petition, petitioners have challenged the FIR No. 48/2020 for offence under Section 353 IPC, registered with P/S Sogam. It is the case of petitioners that on 05.05.2020, they had lodged case FIR No. 41/2020 for offence under Section 509,429 IPC with P/S Sogam against the officials of the Revenue department (Patwari & Girdawar), because the said officials had tried to pull down the compound wall of the proprietary land of the petitioner No. 1 . It is contended that to wreck vengeance upon the petitioners, the impugned FIR has been lodged at the behest of these revenue officials on 11.05.2020. To substantiate this contention, the petitioners have placed on record copy of both the FIR's.

There appears to be some merit in the submissions made by learned counsel for the petitioners and a case for grant of interim indulgence at this stage is made out.

Issue notice to the respondents. In the meantime, investigation in case FIR No. 48/2020 of P/S Sogam, shall stay.

List on 27th November 2020.

(SANJAY DHAR) JUDGE Srinagar ABDUL RASHID GANAI 25.09.2020 2020.09.30 10:54 "Ab. Rashid"

I attest to the accuracy and integrity of this document