Supplementary-1 List
Before Notice
Sr. No.115
HIGH COURT OF JAMMU AND KASHMIR
AT JAMMU
(Through Virtual Mode)
CRM (M) No. 249/2021
CrlM Nos. 684/2021 &
685/2021
Anil Khanna and others ......Petitioner(s)..
Through :- Mr. Karman Singh Johal, Advocate.
v/s
Union Territory of J&K and others ......Respondent(s)..
Through :-
Coram : HON'BLE MR. JUSTICE PUNEET GUPTA, JUDGE
::: : ORDER
Heard learned counsel for the petitioners. Issue notice.
The petitioners have challenged FIR No. 15/2021 registered with Police Station, Women Cell, Jammu as well as the order dated 19.02.2021 passed by the learned Special Railway Magistrate (Sub-Judge), Jammu on the grounds mentioned in the petition.
The learned counsel has taken the court through the order impugned as well as the contents of the FIR. The allegations leveled in the FIR even pertain to the period prior to the marriage of the private respondent with the petitioner No.1 herein which was solemnized in the year 1999. Learned counsel for the petitioners has relied upon the judgment in Lalita Kumari's case (2014) 2 SCC, 1 as well as Priyanka Srivastava's case AIR 2015 SC, 1758 while pleading that there is non-compliance of the directions contained 2 CRM (M) No. 249/2021 in the same in the present case. The allegations leveled in the FIR are otherwise only to harass the petitioners.
The court should only in exceptional circumstances stay the proceedings and not otherwise. The court is convinced that at this stage the interim directions are required to be passed in the matter keeping in view the facts projected in the petition. Accordingly, it is directed that the respondent No.3 shall not proceed with the investigation in the FIR in question only till next date of hearing before the Bench.
The petitioners shall serve the respondents before the next date. List on 11.05.2021 in the supplementary cause list.
(PUNEET GUPTA) JUDGE Jammu:
30.04.2021 Pawan Chopra