HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CRM(M) No.335/2025 Sushil Kumar & Ors. ….Petitioner(s)/Appellant(s) Through :- Mr. Rohit Kotwal, Advocate. (Through Virtual Mode) V/s UT of J&K & Ors. ….Respondent(s) Through :- None. Coram: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE ORDER (21.04.2025) 01. The petitioners have challenged FIR No.88/2024 for offences under Sections 323/504/506/147 IPC registered with Police Station, Nowshera. 02. As per the allegations made in the impugned FIR, on 28.06.2024 at about 12.10 p.m., the petitioners are alleged to have extracted sand and bajri in an illegal manner and this was objected to by the complainant, the petitioners attacked the complainant with clubs, fists and kicks. It is further alleged that the petitioners attacked the complainant with an iron rod as also with stones, as a result of which, the complainant suffered fractures on his left arm and got injuries on other parts of the body. The complainant raised hue and cry and the people gathered on spot to save him from the clutches of the petitioners or else he would have been done to death. 03. Learned counsel for the petitioners has contended that the allegations made in the impugned FIR are absolutely false and frivolous and that the FIR has been lodged with a view to implicate them in the false case. It has been Sr.No. 23 2 further submitted that there are contradictions in the impugned FIR and the allegations made therein are improbable. 04. Heard and considered. 05. A bare perusal of the contents of the impugned FIR, as narrated herein before, clearly indicate that cognizable offences are made out against the petitioners. It has been clearly alleged in the impugned FIR that the petitioners launched an attack upon the complainant. They gave beating to him with iron rod and stones, kicks and fists which resulted in fracture to his left arm. 06. The veracity of allegations made in the FIR cannot be subject matter of determination by this Court in these proceedings. It is only after the investigation is conducted by the investigating agency that the veracity of the allegations can be ascertained. This Court at this stage cannot go into the merits of the contentions raised by learned counsel for the petitioners. Once the allegations made in the FIR disclose commission of cognizable offences, a statutory duty is enjoined upon the investigating agency to undertake investigation of the case. This Court cannot stifle the investigation of the case, particularly, when it is at an initial stage. 07. For the foregoing reasons, I do not find any merit in this petition. The same is dismissed, accordingly. (SANJAY DHAR) JUDGE Jammu: 21.04.2025 Eva