Anil Khanna And Others vs Union Territory Of J&K And Others
2021 Latest Caselaw 540 j&K

                                                           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

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