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Jammu & Kashmir High Court

Aayush Kamal Parwani vs Ut Of J&K Th. Secy. Home Deptt. And Anr on 23 October, 2020

Author: Sanjay Dhar

Bench: Sanjay Dhar

Serial No. 104
ADMISSION
                     IN THE HIGH COURT OF JAMMU AND KASHMIR
                                  AT JAMMU
                                       (THROUGH VIRTUAL MODE)
                                                                   CRM (M) No. 346/2020
                                                         CrlM Nos. 1281/2020 & 1282/2020


           Aayush Kamal Parwani                                              Petitioner(s)

                                             Through:-     Ms. Aparjita Jamwal, Adv.

                                            Vs.
           UT of J&K Th. Secy. Home Deptt. And anr.
                                                                             Respondent(s)
                                            Through:-      None.

           CORAM:-

Hon'ble Mr. Justice Sanjay Dhar, Judge.

(O R D E R) 23-10-2020 CrlM No. 1282/2020:

Instant application seeking extension of time for annexing/depositing the requisite court fee with the writ petition, in view of the grounds urged therein, is allowed. The petitioner shall deposit the requisites court fee with the Registry of this Court within a period of one week from the date of announcement of lifting of lockdown on account of Covid-19 by the Government.
CrlM Disposed of.
CRM (M) NO. 346/2020:
01. Through the medium of the instant petition, petitioner has challenged FIR No. 0007/2020 for the offence under Section 498-A IPC registered with the Police Station, Womens Cell, Gandhi Nagar, Jammu.
AASIF GUL 2020.10.23 04:41 I attest to the accuracy and integrity of this document 2 CRM(M) NO. 346/2020
02. As per the case of the petitioner, he happens to be the husband of sister-in-

law of the complainant, who is having some marital discord with the brother- in-law of the petitioner. It is the further case of the petitioner, the petitioner has all along been living in Pune with his family and has never resided with the family of the complainant, as such, there was no occasion for the petitioner to harass or inflict acts of cruelty upon the complainant. The learned counsel has contended that even the FIR does not contain allegations against the petitioner.

03. Having heard learned counsel for the petitioner and having considered the documents on record, prima facie, a case for grant of interim indulgence is made out.

04. Issue notice to the respondents. Notice be sent through Mr. Asim Sawhney, learned AAG via available mode. In the meantime, respondents shall not take any coercive action against the petitioner in connection with the investigation of the subject FIR.

05. List along with CRM (M) No. 319/2020 on 24th November, 2020.

(Sanjay Dhar) Judge JAMMU 23.10.2020 "Aasif AASIF GUL 2020.10.23 04:41 I attest to the accuracy and integrity of this document