Jammu & Kashmir High Court - Srinagar Bench
Mohammad Asif Khatana And Another vs Union Territory Of Jammu And Kashmir ... on 4 August, 2021
Author: Vinod Chatterji Koul
Bench: Vinod Chatterji Koul
Item No. 209
After Notice Cause
List
IN THE HIGH COURT OF JAMMU AND KASHMIR AND
LADAKH AT SRINAGAR
CRM(M) No.119/2020
CrlM(397/2020)
CrlM(398/2020)
MOHAMMAD ASIF KHATANA AND ANOTHER
...Petitioner (s)
Through: None
Vs
UNION TERRITORY OF JAMMU AND KASHMIR THROUGH
SECRETARY TO GOVT. HOME DEPARTMENT
...Respondent(s)
Through: Mr. B.A. Dar, Sr. AAG for R1 to R5
Mr. Ateeb Kanth, Advocate for R6
CORAM: Hon'ble Mr. Justice Vinod Chatterji Koul, Judge.
ORDER
04-08-2021
01. Petitioner is seeking quashment of FIR No.0025/2020 registered by Police Station, Larnoo on 29-04-2020 for offences punishable under Section 376-D, 120-B, 506, 509 IPC and 66 IT Act.
02. Petitioner's case is that if the allegations levelled in the complaint, are taken on its face value, it would demonstrate that the petitioner has been falsely implicated. The reason for such false implication is that private respondent no.6 is habitual of indulging in immoral activities and being her first cousin, he reported the matter to her husband to mend her ways but to the surprise of the petitioner, he came to know that her husband is also consenting party to the immoral activities of the said respondent and when photographs of such immoral activities came up before said respondent and her husband, they started conspiracy to implicate the petitioner in a false case.
SHAMEEM HAMID MIR 2021.08.09 12:15 I attest to the accuracy and integrity of this document
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03. Thus, the petitioner's case is that he has been falsely implicated in the case. On the day when this petition was filed, this Court passed the following order:-
"Before proceeding further and in view of averments made in the petition, it has become necessary to ask. B. A. Dár learned Sr. AAG, who is incidentally available by virtual mode to seek report from SSP, Anantnag on the subject. The SSP, Anantnag is directed to examine the contentions of the petition and in the event he feels necessary, he is at liberty to constitute a team of Police officers for investigating the matter, headed by Dy. SP. Unless the SSP, Anantnag examines the petition and takes further decision and report the same before this Court. The Police concerned shall not harass the petitioners.
Learned counsel appearing for the petitioner shall provide copy of paper book to Mr. B.A. Dar, Sr. AAG by virtual mode today itself.
Registry to send a copy of the order to SSP, Anantnag for compliance, copy whereof shall be made available to Mr. B.A. Dar, learned Sr. AAG by virtual mode today itself."
04. Mr. B.A. Dar, learned Senior AAG, appearing for the respondent nos.1 to 5, has filed the status report/para-wise reply, giving the details about the case and stating therein that the investigation is going on in the matter.
05. There are serious allegations made in this case, which require to be investigated, therefore, no ground is made out to interfere in the investigation of the police.
06. Having regard to the averments made in the petition and reply filed by the official respondents, I do not find any case is made out by petitioner to interfere with the impugned FIR and to quash the same, therefore, this petition is dismissed.
(Vinod Chatterji Koul) Judge SRINAGAR 04-08-2021 Shameem H. SHAMEEM HAMID MIR 2021.08.09 12:15 I attest to the accuracy and integrity of this document