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High Court of Jammu and Kashmir · body

2019 DAILYLAW 552 (JK)

KULDEEP SHARMA v. STATE OF J AND K TH. STATION HOUSE OFFICER

CRM(M)/557/2019 · 2026-02-13

Rajnesh Oswal

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Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CRM(M) No. 557/2019 Kuldeep Sharma …..Appellant(s)/Petitioner(s) ) Through: Mr. Sudesh Sharma, Adv. vs State of J&K and another .…. Respondent(s) Through: Mr. Sumeet Bhatia, GA for No. 1 Mr. Mohinder Kumar, Adv. for No. 2 Coram: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE ORDER 13.02.2026 1. Mr. Purshotam, SHO(IO) is present along with CD file. 2. The present petition has been filed by the petitioner for quashing FIR No. 155/2019 dated 31.08.2019 for commission of offences punishable under sections 3 and 4 Civil Rights Protection Act registered at Police Station, Rehambal, District Udhampur at the instance of respondent No. 2. 3. It is contended by the learned counsel for the petitioner that the ingredients of offences under sections 3 and 4 of the aforesaid Act are not fulfilled and that the FIR in question has been lodged by respondent No. 2 on account of political rivalry. 4. Investigating Officer, who is present along with CD file, submits that if the petitioner has any defence or any fact material to the investigation of the FIR impugned, the same shall be taken into consideration and investigation shall be conducted in accordance with law. 5. In that view of the matter, the present petition is disposed of by directing the Investigating Officer to consider the defence of the petitioner regarding the 30 CRM(M) No. 557/2019 Page 2 of 2 allegations leveled against him by respondent No. 2 and such other defence/evidence which the petitioner produces before the Investigating Officer and conclude the investigation in accordance with law. 6. At this stage, learned counsel for the petitioner submits that the petitioner be granted liberty to approach this Court, in the event, charge sheet is filed against him. 7. Needless to say that no such liberty is required from the Court. 8. Disposed of. (RAJNESH OSWAL) JUDGE Jammu 13.02.2026 Rakesh Rakesh Kumar 2026.02.16 10:33 I attest to the accuracy and integrity of this document Jammu