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2025 DAILYLAW 2793 (JK)

SOHAN LAL AND OTHERS v. U T OF J AND K TH SHO WOMEN CELL GANDHI NAGAR JAMMU AND ANOTHER

WP(Crl)/28/2024 · 2025-07-15

Ma Chowdhary

Writ Petition (Criminal)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(Crl) No. 28/2024 CM No. 1837/2024 01. Sohan Lal S/O Suram Chand 02. Suram Chand S/O Bali Ram. 03. Chanchala Devi W/O Suram Chand. All residents of Jonuu Bharta, Udhampur. At Present Adarsh Nagar, Lane No.1 Bantalab, Jammu. …..Appellant(s)/Petitioner(s) Through: Mr. Ajaz Chowdhary, Advocate. Vs 01. U. T. of J&K through Station House Officer Kirti Sharma, Women Cell Gandhi Nagar, Jammu. 02. Sunita Devi D/O Rattan Chand W/O Sohan Lal R/O Village Kishanpur Manwal Manya Tehsil & District Jammu. .…. Respondent(s) Through: Mr. Pawan Dev Singh, Dy. AG for R-1. CORAM: HON’BLE MR. JUSTICE M A CHOWDHARY, JUDGE ORDER (15.07.2025) 01. Petitioners, through the medium of the instant petition have prayed to direct the respondents not to harass the petitioners by calling them in Police Station Women Cell, without any authority of law or without issuing the notice as envisaged under Section 41-A Cr P C, as there is no case registered against the petitioners and also directing them not to force the petitioners to hand over the custody of minor daughter, namely, Ananya Bhagat to respondent No. 2, without any order from the Court regarding her custody and also not pressurising for making settlement involving grant of alimony. Serial No. 49 2 02. Mr. Pawan Dev Singh, learned Dy. AG appearing for respondent No. 1, submits that there is no dispute, to the fact that any person against whom some complaint has been filed can be questioned with regard to the allegations, and if required, a case can also be registered against him/her as the official respondents have no intention to unnecessarily harass the petitioners, in case they are not required in any case, based on some genuine complaint. 03. In view of the submissions made by learned Dy. AG, this petition is disposed of at this stage, as requested by learned counsel for the petitioners, with a direction to respondent No. 1 to proceed in the matter against the petitioners only in accordance with law. This order shall not be an impediment to proceed against any of the petitioners as accused, in the genuine complaint, in accordance with law. 04. Petition is ‘disposed of’, accordingly along with connected application(s). (M A CHOWDHARY) JUDGE Jammu 15.07.2025 Renu. Renu Bala 2025.07.16 10:39 I attest to the accuracy and integrity of this document