Sat Paul And Others vs State Of J&K And Others
2021 Latest Caselaw 1393 j&K

                                                                Sr. No. 9




HIGH COURT OF JAMMU AND KASHMIR AND LADAKH
                 AT JAMMU

                                                      CRMC No. 384/2016


Sat Paul and others                               .....Appellant(s)/Petitioner(s)
                      Through: Mr. Pawan Kumar Kundal, Advocate
                 Vs
State of J&K and others                                      ..... Respondent(s)
                      Through: Mr. Aseem Sawhney, AAG

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

                                   ORDER

The present petition has been filed by the petitioners under

section 561-A Cr.P.C. (now 482 Cr.P.C.) for quashing the complaint filed

under section 156(3) Cr.P.C. by the respondent No. 3 for directing the SHO,

Police Station, Arnia to register FIR against the accused persons, petitioners

herein for commission of offences under sections 447, 427,323, 504 and 506

RPC and the order dated 18.07.2016 by virtue of which, the Special Mobile

Magistrate (Electricity) Jammu (hereinafter to be referred as the trial court)

has directed the SHO, respondent No. 2 herein to investigate the matter in

terms of section 156(3) Cr.P.C.

In view of the judgment of this Court in Binod Kumar vs State

of J&K and others decided on 25.08.2021, the order dated 18.07.2016 is not

sustainable in the eyes of law as the learned Magistrate has neither perused

the allegations levelled in the application by respondent No. 3 nor has

recorded its satisfaction with regard to the fact that the allegations leveled in

the complaint discloses commission of cognizable offence, that necessitated

investigation under section 156(3).

In view of the above, the order dated 18.07.2016 is set aside and

the matter is remanded back to the learned trial court to pass the order afresh

in accordance with law after affording opportunity of being heard to the

complainant.

Present petition stands disposed of.

(RAJNESH OSWAL) JUDGE

Jammu 02.11.2021 Rakesh

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