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High Court of Jammu and Kashmir · body

2020 DAILYLAW 742 (JK)

RAM SINGH AND ORS. v. S.S.P. DODA AND ANR.

CRM(M)/431/2019 · 2026-02-20

Sanjeev Kumar

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Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CRM (M) No. 81/2020 c/w CRM (M) No. 431/2019 Date of pronouncement : 20.02.2026 Date of uploading : 23.02.2026 Ram Singh and Ors. .....Applicant(s)/Petitioner(s) Through :- Mr. Abrar Ahmed Khan, Advocate v/s SSP Doda & Anr. .....Respondent(s) Through :- None CORAM: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE ORDER (ORAL) 1. By way of CRM (M) No. 431/2019, filed under Section 482 of the Code of Criminal Procedure, petitioners seek to challenge FIR No. 109/2019 dated 10.07.2019 for the commission of offences punishable under Sections 7/25 of the Indian Arms Act registered with Respondent No. 2/Station House Officer, Police Station Bhaderwah, District Doda. During the pendency of the petition (supra), investigation in the FIR dated 10.07.2019 came to be concluded by the Investigating Officer and challan/final report presented before the Court of learned Sessions Judge Bhaderwah which has been assailed by the petitioners by filing another petition bearing CRM (M) No. 81/2020. 2. The impugned challan/final report has been assailed by the petitioners, primarily, on the ground that the Police has not investigated the matter fairly and has drawn erroneous conclusions that despite their disengagement, the petitioners had failed to Sr. No. 56 CRM (M) No. 81/2020 c/w CRM (M) No. 431/2019 2 surrender the weapons issued to them while they were discharging their duties as SPOs. 3. Learned counsel for the petitioners has also raised certain other issues which may constitute the defence of the petitioners before the trial Court. 4. Having heard learned counsel for the petitioners at length and perused the material available on record, I am of the considered opinion that all these issues may constitute defence which can be effectively raised by the petitioners during the course of trial. 5. For all these reasons, I find no merit in both these petitions and the same, are accordingly, dismissed. However, the petitioners shall be at liberty to take all the issues of fact and law while entering their defence or at the time of final consideration of the matter. (Sanjeev Kumar) Judge JAMMU 20.02.2026 Manan Whether the order is speaking : Yes/No Whether the order is reportable : Yes/No