Ghulam Ahmed vs State Of J&K And Others
2021 Latest Caselaw 1105 j&K

     HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                     AT JAMMU

                                             Reserved on    27.08.2021
                                             Pronounced on: 14.09.2021

                                             CRMC No. 277/2017

Ghulam Ahmed                                     .....Appellant(s)/Petitioner(s)


                     Through: Mr. Intikhab H. Shah. Advocate
                Vs
State of J&K and others                                     ..... Respondent(s)


                     Through: Mr. Bhanu Jasrotia, GA
                              Mr. Javeed Manhas(S.I), Police Station,
                              Rajouri


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

1. The sole grievance raised by the petitioner in the present petition is

that the FIR bearing No. 377/2016 dated 16.06.2016 registered with

Police Station, Rajouri for commission of offences under sections

420, 467 and 468 RPC against the petitioner is bad in law after the

FIR bearing No. 40/2013 for commission of offences under sections

420, 467 and 460 RPC registered with the Police Station, Kalakote

was cancelled pursuant to the directions of the Supervisory Officer.

It is stated that in a bail application filed by the petitioner, it was

stated by the police that during the investigation conducted by the

police of Police Station, Kalakote offences under sections 467 and

468 RPC were not proved and only offence under section 420 RPC

was made out.

2. This Court has summoned the Case Diary File and on perusal of the

same reveals that investigation in the said FIR is complete and only

challan is to be filed for commission of offence under section 420

RPC only.

3. Learned counsel for the petitioner submits that the present petition be

disposed of with a liberty to the petitioner to raise all the pleas

available to him during the course of trial in the event of filing of the

challan.

4. In view of the above, the present petition is disposed of accordingly

with the aforesaid liberty.

5. CD file be returned back to the learned Government Advocate.

(Rajnesh Oswal) Judge Jammu 14.09.2021 Rakesh

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