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HC refuses to quash gang rape case against Assistant Professor
4/13/2023 11:15:39 PM
Early Times Report
JAMMU, Apr 13: Jammu & Kashmir and Ladakh High Court today dismissed the petition filed by an assistant professor to seek quashment of gang rape case filed against him and another accused.
Justice Rajnesh Oswal dismissed the petition filed by Avtar Singh presently posted at Government Degree College, Nagrota and another seeking quashment of FIR No. 0082 dated 17.07.2021 for commission of offence under Section 376-D IPC.
Justice Oswal after hearing Advocate AM Malik for the petitioners and public prosecutor Bhanu Jasrotia for the UT observed that the petitioners have abused the process of law.
Once the petitioners had withdrawn the petition challenging the same FIR on 03.12.2021, they were under obligation to disclose the said fact in the present petition which has not been done. This is a sheer misrepresentation on the part of the petitioners. It was obligatory on the part of the petitioners to have disclosed the filing of petition bearing CRM(M) No. 407/2021 that was withdrawn on 03.12.2021, but the said fact has not been disclosed by the petitioners.
The petitioners, cannot at their sweet will come to the Court for challenging the same FIR time and again. In view of the above, the present petition is dismissed. —JNF
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