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High Court of Jammu and Kashmir · body

2018 DAILYLAW 1098 (JK)

RAM LAL AND ORS. v. SURINDER KUMARI

CRMC/345/2018 · 2026-02-27

Rajesh Sekhri

body2018

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU 01. CRMC No.344/2018 Rattan Lal & Ors. …..Petitioner/Appellant(s) Through: Mr. Navneet Dubey, Advocate with Mr. Mirza Ismail Baba, Advocate. Vs Kanshi Ram …..Respondent(s) Through: Mr. Raghubir Singh, Advocate. And 02. CRMC No.345/2018 Ram Lal & Ors. ….Petitioner/Appellant(s) Through: Mr. Navneet Dubey, Advocate with Mr. Mirza Ismail Baba, Advocate. Vs Surinder Kumari …..Respondent(s) Through: Mr. Raghubir Singh, Advocate. CORAM: HON’BLE MR. JUSTICE RAJESH SEKHRI, JUDGE ORDER 27.02.2026 01. Learned counsels for the parties are in agreement that the allegations contained in the complaints titled ‘Kanshi Ram V. Rattan Lal & Ors.’ and ‘Surinder Kumari V. Ram Lal & Ors.’ filed in the Court of learned Sub- Judge (JMIC), Nowshera were required to be inquired into by the trial Court before proceeding to take cognizance of the matter. Their statements are taken on record. 02. In view of consensus between learned counsels for the parties, both the petitions are allowed. As a result, impugned orders of cognizance are set aside and learned trial Court is directed to either enquire into the case himself or direct the investigation to be made by the concerned Police Station as to the truth or falsehood of the allegations made in the Sr. No. 07 2 complaint. The Magistrate shall proceed further as per law having regard to the outcome of the inquiry. 03. The petitioners shall be at liberty to make an application for their exemption and learned trial Court shall accord consideration to the same as per law. 04. Disposed of along with connected application(s). 05. Interim direction, if any, shall stand vacated. (Rajesh Sekhri) Judge Jammu 27.02.2026 Eva