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| Plea to quash murder FIR dismissed | | | EARLY TIMES REPORT
JAMMU, Nov 20: Justice Mansoor Ahmed Mir of J&K High Court Jammu Wing today dismissed a petition filed by Des Raj and others seeking quashment of FIR registered by the police station Hira Nagar in the year 2003 u/s 302 r/w section 34 RPC.
The allegations put forth by the investigation are that Romesh Lal had allegedly developed illicit relation with the daughter of the accused. On June 22, 2003 the deceased had gone to attend marriage function in the house of one Ganesh Dass and was allegedly severally beaten up and subjected to the physical torture resulting injury near his eye. The condition of the deceased deteriorated and passed away. At the initial stage it was suspected that the death of the deceased was due to poisoning but during investigation the IO collected material and disclosed that the accused was involved in murder case. It is also alleged that accused No 1 and 2 have also made disclosure statements and the alleged weapons of offence came to be recovered. Accordingly the accused came to be charge-sheeted by the Trial Court for the commission of offence punishable u/s 302/34 RPC on May 10, 2006. Petitioner Des Raj and Marna Devi are figuring as accused 1 and 2 in the charge-sheet and accused No 3 came to be proceeded u/s 512 Cr PC.
Justice Mir, after hearing Adv BL Kalgotra appearing for the petitioners and Additional Advocate General, PC Sharma appearing for the respondent State, observed that petitioner has invoked the inherent jurisdiction of high court in terms of section 561_A of criminal procedure code for quashing the FIR NO 124/2003, police station Hira Nagar on the grounds taken in the petition. This petition came to be filed on May 20, 2005 after lapse of two years from the date of lodging of FIR and is on board for the last three years. In the meantime, it appears that investigation came to be concluded and IO presented challan and the trial court vide order May 10, 2006 prima-facie held that the accused are involved in the commission of offence publishable u/s 302/34 RPC. Justice Mir referring various judgments of Apex Court dismissed the petition. JNF |
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