Early Times Report
Jammu, May 18: Justice Sanjay Dhar of Jammu & Kashmir and Ladakh High Court Srinagar Wing dismissed the petition challenging quashment of FIR with the observations that the Court cannot quash the proceedings simply because some superior officer has, at some point in time during the investigation of the case, expressed a contrary opinion.
The petitioners have challenged FIR No.353/2016 for offences under Section 147, 341, 354-B, 323, 506 RPC registered with Police Station, Pulwama, Kashmir. The impugned FIR has been registered on the basis of a report lodged by respondent No.5/complainant. In the complaint lodged by the said respondent, it has been alleged that on 18.07.2016 at about 7.30 P.M, when she was busy in her household chores, she heard some noise whereafter she came out of her house and saw that her nephew was telling the accused/petitioners that petitioner No.1 had constructed a cattle shed by keeping a window towards his house, as a result of which he has to face the foul smell emanating therefrom. After this, the petitioners/ accused went away from there and she also returned to her house. After sometime when the complainant/respondent No.5 again came out of her house and was going through the street, the petitioners all of a sudden launched an attack upon her. They pelted stones upon her and threatened her. The petitioner No.1 took away dupatta from her head and caught hold of her hair whereas petitioners No.2 and 3 gave blows of fists and kicks to her. Petitioners No.4 and 5 are stated to have beaten her and torn her clothes. In the meantime, minor son of the complainant, namely, Mohsin Altaf came over there and petitioner No.2 hit him on his left arm with a stone. Thereafter some people gathered on spot and they saved the complainant and her son from the clutches of the petitioners. It has been further stated in the complaint that because the complainant's husband was on duty, as such, she could not lodge the report promptly and when her husband came back from duty a few days back, she approached the police. It was further alleged in the complaint that petitioners are extending threats to the complainant and her family.
Justice Sanjay Dhar after hearing both the sides observed that counsel for the petitioners that the Inspector General of Police, Kashmir, has opined that the complainant has exaggerated the allegations against the petitioners and on this ground, the prosecution is required to be quashed.
Court observed that the argument is without merit for the reason that internal correspondence between the police officers during the investigation of the case does not reflect the final opinion of the investigating agency. During the course of investigation of a case, various queries, observations and remarks are recorded by superior officers of the police but ultimately what is approved finally reflects the opinion of the investigating agency. If that opinion of the investigating agency is supported by the material assembled during the investigation of the case, the Court cannot quash the proceedings simply because some superior officer has, at some point in time during the investigation of the case, expressed a contrary opinion. With these observations, the Court dismissed the petition. JNF |
