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High Court of Jammu and Kashmir · body

2025 DAILYLAW 1954 (JK)

ASHISH PANDOTRA v. NETAR SODHI

CRMC/113/2013 · 2025-07-14

Rajesh Sekhri

body2025

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Case: CRMC No. 113/2013 IA No. 135/2013 Ashish Pandotra ….Petitioner(s)/Appellant(s) Through :- Mr. Gagan Oswal, Advocate V/s Netar Sodhi ….Respondent(s) Through :- Mr. Rajat Watal, Advocate Coram: HON’BLE MR. JUSTICE RAJESH SEKHRI, JUDGE ORDER 14.07.2025 01. The petitioner has invoked inherent jurisdiction of this Court for quashment of a complaint preferred by the respondent for the alleged commission of offences under Sections 323/341/504/506 RPC. 02. As factual narration of the present case would unfurl, the respondent preferred a complaint in the court of learned Special Judicial Mobile Magistrate (Excise) Jammu [“the trial Court”] for the alleged commission of aforesaid offences inter alia alleging, that on 28.08.2010, his staff received a notice from the petitioner-accused with certain allegations and that when he approached the petitioner to enquire, he was threatened. The respondent-complainant goes on to allege that on 02.10.2010 at about 1:15 p.m., the petitioner came to his shop, abused him and when he dissuaded, petitioner became offensive, slapped him and restrained him from running his business. Sr.No.17 2 CRMC No. 113/2013 03. Learned trial court, on perusal of the enquiry report vide order dated 18.05.2011, took cognizance of the matter for offences under Sections 451/504/506 RPC. 04. The petitioner is aggrieved of the impugned complaint and the cognizance order of learned trial court, primarily, on the ground of false implication. 05. This Court is vested with inherent jurisdiction to prevent the abuse of the process of any Court or to secure the ends of justice. True, it is that a criminal process cannot be initiated and used as an instrument of oppression, however, if the allegations made in a FIR or the complaint, prima facie disclose the commission of cognizable offence, inherent jurisdiction cannot be invoked. Since allegations in the impugned complaint, prima facie, disclose the commission of cognizable offences, the present petition does not call for any interference. 06. For the foregoing reasons, present petition is dismissed alongwith connected CM(s). 07. Interim direction, if any, shall stand vacated. (RAJESH SEKHRI) JUDGE Jammu: 14.07.2025 Meenakshi