Jammu & Kashmir High Court
Sohail Raja & Ors vs Ut Of J&K & Ors on 30 January, 2025
S. No. 13
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Case:- CRM(M) No. 54/2025
CrlM No. 97/2025
Sohail Raja & Ors .....Appellant(s)/Petitioner(s)
Through: Mr. Mohd Arif, Advocate
Vs
UT of J&K & Ors ..... Respondent(s)
Through:
Coram: HON'BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE
ORDER
(30.01.2025)
01. The matter was listed before this Court on 29.01.2025, on which date, the
learned counsel for the petitioners was directed to file a proper application
for placing on record the translated copy of the impugned FIR. In pursuant
to the aforesaid order, the needful has been done and the copy of the said
application along with translated copy of the impugned FIR has been
provided by Mr. Arif, learned counsel for the petitioners to this Court
which has taken on record.
02. The petitioners through the medium of instant petition have called in
question the impugned FIR No. 32/2025 dated 18.01.2025, registered at
Police Station, Rajouri, for the alleged offences under Sections 332(c), 74,
351(2), 352, 191(2) of BNS with a further prayer that the investigation in
the impugned FIR be stayed.
03. It has been urged by learned counsel for the petitioners that petitioner No.1
has divorced the private respondent for matrimonial infidelity and after
divorce he has contracted second marriage whereon the private respondent
has become enraged and in order to express her anguish resorted to falsely
implicate the petitioner and his family members in the impugned FIR on
concocted and invented facts with malicious intention to harass and defame
the petitioners. The allegation leveled in the impugned FIR, according to
the learned counsel, is on the face of it is so absurd and the impugned FIR,
which is off-shoot of false, frivolous and malicious play, deserves to be
quashed.
04. Learned counsel further submits that no enquiry whatsoever has been
conducted by the respondents before registering the FIR which is the
mandate of law in the light of the judgment passed by the Apex Court.
Learned counsel further submits that even the ingredients of the Sections
332(c), 74, 351(2), 352, 191(2) of BNS are lacking in the instant case and
the very registration of the FIR and the investigation on the basis of the said
FIR would tantamount to abuse of the process of law. The allegations
leveled in FIR if taken at the face value and accepted in their entirety do
not prima facie constitute any offence against the petitioners. The
impugned FIR is an act of mala fide and same has been lodged to harass the
petitioners.
05. Heard Mr. Mohd Arif, learned counsel for the petitioners at length and
perused the record.
06. Issue notice to the respondents returnable within four weeks, subject to
taking steps for service by the petitioners within one week.
07. List on 04.03.2025.
08. In the meantime, subject to objections from other side and till next date of
hearing before the Bench, the investigation in the impugned FIR No.
32/2025 dated 18.01.2025 registered at Police Station, Rajouri for offences
under Sections 332(c), 74, 351(2), 352, 191(2) of BNS shall remain stayed.
09. Alteration/modification/vacation on motion.
(WASIM SADIQ NARGAL)
JUDGE
JAMMU
30.01.2025
Vijay
