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2025 DAILYLAW 2263 (JK)

IFTIKHAR HUSSAIN v. UT OF J AND K TH SENIOR SUPERINTENDENT OF POLICE POONCH AND OTHERS

Bail App/46/2025 · 2025-02-25

Sindhu Sharma

body2025

Judgment text

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Sr. No. 134 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Bail App No. 46/2025 c/w CRM(M) No. 150/2025 Iftikhar Hussain …. Petitioner/Appellant(s) Through:- Mr. Basit Manzoor Keng, Advocate V/s UT of J&K and others …..Respondent(s) Through:- CORAM: HON’BLE MRS. JUSTICE SINDHU SHARMA, JUDGE ORDER 25.02.2025 Bail App No. 46/2025 1. Learned counsel for the applicant submits that he wants to withdraw this bail application with liberty to file fresh, if cause arises. His statement is taken on record. 2. In view of the aforesaid, this bail application is dismissed as withdrawn, with aforesaid liberty. CRM(M) No. 150/2025 1. Petitioner is aggrieved of the FIR No. 0005/2025, dated 05.01.2025, registered with Police Station Poonch, for commission of offences punishable under Sections 291, 508, 354-B, 308, 404, 382, 298 IPC, on the complaint of respondent No. 3. 2. The contention of the petitioner is that the private respondents had sought a direction for registration of case under Sections 302, 307, 315, 315(1), 315(2), 315(3), 315(4), 110, 76, 354, 293 of BNS. The respondents, however, instead of proceeding in accordance with the allegations made in the complaint have registered the FIR under Sections 291, 508, 354-B, 308, 404, 382, 298 IPC, which are totally contradictory to the allegations made in the FIR. This apart, learned counsel for the petitioner submits that there is a civil dispute between the parties with regard to the land measuring 15 Kanals falling under Khasra Nos. 797, 798, 847, 848, 852 and 854, situated at Poonch, which is pending consideration. The respondents, however, have given it a criminal colour. 3. Issue notice to the respondents, returnable within four weeks. Requisites for the same within one week. 4. List on 09.04.2025. 5. Meanwhile, subject to objections and till next date of hearing before the Bench, investigation in the impugned FIR No. 0005/2025, dated 05.01.2025, shall stay. (SINDHU SHARMA) JUDGE Jammu: 25.02.2025 Vishal