Gulshan Kumar vs Chanchala Devi
2021 Latest Caselaw 834 j&K

                                                                    Sr. No. 275




        HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                        AT JAMMU

                                              CRM(M) 16/2021



Gulshan Kumar                                      .....Appellant(s)/Petitioner(s)


                       Through: Mr. Jasbir Singh Jasrotia, Advocate
                 Vs
Chanchala Devi                                                ..... Respondent(s)

                       Through: Mr. K. S. Parihar, Advocate

Coram: HON'BLE MR. JUSTICE RAJNESH OSWAL, JUDGE

                                    ORDER

1. Through the present petition, petitioner seeks quashing of the

complaint filed against the petitioner under Sections 375, 366, 506, 420 IPC

pending before the Court of learned Munsiff (JMIC) Mahore, District Reasi and

also the quashing of order dated 22.12.2020 passed by the learned Munsiff

(JMIC), Mahore whereby the learned Munsiff directed the SHO Police Station,

Chasana to register an FIR against the petitioner in the aforesaid complaint.

2. From the record it is evident that the respondent herein had filed a

complaint under Sections 375, 366, 506, 420 IPC before the Court of learned

Chief Judicial Magistrate, Reasi and the same was transferred to learned Munsiff

(JMIC) Mahore and the learned Munsiff vide order dated 22.12.2020 forwarded

the said copy of the complaint to SHO Police Station, Chasana and directed the

SHO, Chasana to register an FIR in the case under the relevant Sections of law.

3. The only issue raised before this Court is that the respondent has

not complied with the mandate of Priyanka Srivastava's case and further that the

police had already conducted enquiry in which it was stated that no offence has

been made out.

2 CRM(M) 16/2021

4. Pursuant to the direction of this Court no FIR has been registered

till date regarding which the petitioner can raise any grievance before this Court.

Law is well settled in HDFC Securities Ltd. and others vs. State of

Maharashtra and others, reported in 2017(1) SCC 640, in which Apex Court

has held as under:-

"It appears to us that the appellants approached the High Court even before the stage of issuance of process. In particular, the appellants challenged the order dated 04.01.2011 passed by the learned Magistrate under Section 156(3) of Cr.P.C. The learned counsel appearing on behalf of the appellants after summarizing their arguments in the matter have emphasized also in the context of the fundamental rights of the appellants under the Constitution, that the order impugned has caused grave inequities to the appellants. In the circumstances, it was submitted that the order is illegal and is an abuse of the process of law. However, it appears to us that this order under Section 156(3) of Cr.P.C. requiring investigation by the police, cannot be said to have caused an injury of irreparable nature which, at this stage, requires quashing of the investigation. We must keep in our mind that the stage of cognizance would arise only after the investigation report is filed before the Magistrate. Therefore, in our opinion, at this stage the High Court has correctly assessed the facts and the law in this situation and held that filing of the petitions under Article 227 of the Constitution of India or under Section 482 of Cr.P.C., at this stage are nothing but premature. Further, in our opinion, the High Court correctly came to the conclusion that the inherent powers of the Court under Section 482 of Cr.P.C. should be sparingly used. In these circumstances, we do not find that there is any flaw in the impugned order or any 3 CRM(M) 16/2021

illegality has been committed by the High Court in dismissing the petitions filed by the appellants before the High Court. Accordingly, we affirm the order so passed by the High Court dismissing the writ petitions. The appeal is dismissed."

5. As the FIR has not been registered, so the petitioner cannot throw

any challenge to the order dated 22.12.2020 under Section 156 (3) of Cr.P.C.

6. In view of this, the present petition is found to be premature, as

such, the same is dismissed. However, the dismissal of the present petition shall

not come in the way of the petitioner to assail the FIR in the event FIR is

registered pursuant to the direction of the learned Munsiff (JMIC), Mahore. The

SHO concerned shall proceed in accordance with the judgments of Apex Court

reported in 2015 (6) SCC 287, Priyanka Srivastava & Anr vs. State Of U.P. and

Lalita Kumari vs. State of U.P., 2014(2) SCC 1.

(Rajnesh Oswal) Judge Jammu 06.08.2021 Bir

Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No

BIR BAHADUR SINGH 2021.08.10 17:44 I am the author of this document