HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Case: CRM(M) No. 202/2023 CrlM No. 373/2023 Mangat Ram & Ors. ….Petitioner(s)/Appellant(s) Through :- Mr. Nikhil Sharma, Advocate V/s UT of J&K & Anr. ….Respondent(s) Through :- Mr. Sumeet Bhatia, GA Mr. Sachin S Sharma, Advocate Coram: HON’BLE MR. JUSTICE RAJESH SEKHRI, JUDGE JUDGMENT 07.07.2025 (ORAL) 01. Petitioners are aggrieved of FIR No. 16/2023 for offences under Sections 447, 147 of IPC, primarily, on the ground that impugned FIR has been lodged by the private respondent as a counter blast to FIR No. 322/2022 lodged by petitioner No. 1 against his brother, namely, Chain Singh. 02. The allegations against the petitioners, in the impugned FIR are that on 25.12.2022 at about 1:30 p.m, the petitioners, after forming an unlawful assembly, in furtherance of common criminal intention, came to the landed property of the complainant/private respondent and his brother. They were armed with deadly weapons, such as, revolver, double barrel gun, sword, iron rods and sticks. They started fixing the cemented poles with fencing wire to enclose the property and were shouting that they will kill anyone, who will try to stop them. The complainant called his brother to the sport, who tried to persuade the petitioners/accused and dissuade from encroaching their landed property. Sr.No.6 2 CRM(M) No. 202/2023 However, it is alleged that the accused/petitioners ran after the complainant and his brother with the deadly weapons in their hands to do away with their lives and in the process, fired several rounds from their guns, but they escaped unhurt. It is further alleged that petitioners/accused did not stop there, but again chased and caught hold of brother of the complainant/private respondent, who was mercilessly beaten by them, as a result of which, he received multiple injuries and fell unconscious. On the receipt of this report, impugned FIR came to be registered. 03. A perusal of the status report filed by the official respondent reveals that the Investigating Agency, during investigation, has recorded statements of material witnesses. It surfaced, during investigation, that the complainant and petitioners have animosity on division of a piece of land situate at Tikri. As per the Investigating Agency, on 25.12.2022, the petitioners, in furtherance of common criminal intention, came to the landed property in question with intention to encroach upon the same and they were armed with deadly weapons including lathies/Darat. Brother of the complainant, namely, Chain Singh reached the spot and he also fired upon accused/petitioner No. 1, namely, Mangat Ram with his licensed Revolver. In this respect, FIR No. 322/2022 offence under Sections 307 IPC and 30 Arms Act is also under investigation. 04. I.O., Manveer Singh, present in the Court, has informed that charge-sheet with respect to the said FIR has already been filed in the Competent Court. It also came to the fore, during investigation, that since the land in question is a common land of the complainant and petitioners/accused, offence under Section 447 IPC was not made out. Accordingly, the said offence came to be deleted and offence under Section 341 IPC came to be introduced. As per the Investigating 3 CRM(M) No. 202/2023 Agency, offences under sections 341/147 IPC have been proved against the petitioners. 05. The Investigating Officer has informed this Court that investigation in the case is complete and charge-sheet is awaited to be presented in the Competent Court. 06. This Court is vested with the inherent jurisdiction to prevent the abuse of the process of any law or otherwise to secure the ends of justice. However, it is trite that inherent jurisdiction is to be exercised by this Court with due care and circumspection and if an FIR prima facie discloses the commission of offence, the petitioners are charged with, petition under Section 482 CrPC is not maintainable. 07. It is evident from the contents of FIR as also the status of investigation that prima facie, offences under Sections 341/147 IPC are made out against the petitioners. 08. In view of the above, the present petition is dismissed along with connected CrlM(s) and interim direction, if any, shall stand vacated. 09. The Investigating Agency shall be at liberty to produce final report in the Competent Court. 10. Disposed of. (RAJESH SEKHRI) JUDGE Jammu: 07.07.2025 Meenakshi