Jammu and Kashmir High Court
CRM(M)/462/2021 of MOHAMMAD AFZAL SHEIKH AND ANR. Vs UNION TERRITORY THROUGH DIRECTOR GENERAL OF POLICE AND ORS. (HOME DEPARTMENT) on 31 December 2021
72 Before Notice Matters HIGH COURT OF JAMMU &KASHMIR AND LADAKH AT SRINAGAR CRM(M) No. 462/2021 CrlM No. 1491/2021 Mohammad Afzal Sheikh and anr. …..Petitioner(s) Through: Mr. S. S. Rizvi, Adv. V/s U.T of J&K And Ors. ….. Respondent(s) Through: CORAM: Hon’ble Mr.
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
S. No. 72
Before Notice Matters
HIGH COURT OF JAMMU &KASHMIR AND LADAKHAT SRINAGAR
CRM(M) No. 462/2021 CrlM No. 1491/2021…..Petitioner(s)
Mohammad Afzal Sheikh and anr.
Through:
V/s
U.T of J&K And Ors.
Mr. S. S. Rizvi, Adv.
….. Respondent(s)
Through:
CORAM:
Hon’ble Mr. Justice Sanjay Dhar, Judge.
ORDER 31.12.2021
Through the medium of instant petition, the petitioner has challenged FIR No. 61/2018 for offence under Section 147, 148, 149, 336, 307, 427 and 332 RPC. It is contended that Power Development Department had tried to take forcible possession of the land belonging to the petitioners situated at Goom Ahmad Pora, Pattan Baramulla but as a counter to the resistance of the petitioners to part with their land without payment of compensation, the officials of the said Department lodged a false and frivolous FIR, which is impugned in this petition.
I have heard learned counsel for the petitioners and perused the record of the case including the impugned FIR. As per the contents of the impugned FIR, on 23.03.2018, an entry was made in the daily diary wherein it was stated that at about 3.45 PM when the police was on law and order duty at Village Goom Ahmad Pora, Pattan Baramulla, a mob of people armed with lathies and stones tried to storm grid station of Power Development Department with an intention to cause damage to it. The mob which, included the petitioners herein, succeeded in causing the damage to the 33,000 KV High Transmission Line as well as to electric poles. It is further alleged that the mob of people also prevented the police from performing their public duty and caused injuries to them.
The aforesaid contents of the impugned FIR clearly disclose commission of cognizable offences against the petitioners. The question whether the allegations made in the FIR are false or whether the same are a result/consequence of revenge on the part of the officials of the Power Development Department, cannot be gone into by this Court in these proceedings. These are subject matter of investigation. The veracity of these allegations can be determined only after the investigation of the case is completed.
Accordingly, I do not find this case as a fit one where this Court should exercise its jurisdiction under Section 482 Cr. P. C. Exercising the inherent jurisdiction in a case of instant nature would amount to stifling a genuine prosecution without actually ascertaining the truth of the allegations.
For the foregoing reasons, the petition is dismissed being without merit.
Registry to send a copy of this order to the respondent.
SRINAGAR31.12.2021“Aasif
(Sanjay Dhar) Judge