AJAY KUMAR SHARMA v. UT OF J AND K TH SENIOR SUPERINTENDENT OF POLICE RAJOURI AND OTHERS
CRM(M)/422/2022 · 2025-08-18
Rajesh Sekhri
body2025
DailyLaw.ai
[ 2025 DAILYLAW 3297 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 3297 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
CRM(M) No.422/2022 CrlM No.870/2022
Ajay Kumar Sharma
…..Appellant(s)/Petitioner(s)
Through: None. q
vs
UT of J&K & Ors. .…. Respondent(s)
Through: Mr. Bhanu Jasrotia, GA.
Coram: HON’BLE MR. JUSTICE RAJESH SEKHRI, JUDGE
ORDER 18.08.2025
01. I.O. along with CD file is present.
02. Since petitioner is continuously absent, therefore, present petition is taken on board for consideration.
03. Petitioner has invoked inherent jurisdiction of this Court under Section 482 Cr.P.C. for quashing of FIR No.006/2022 for offences under Sections 341/323/504/506 IPC primarily, on the ground of false implication.
04. A perusal of the status report filed by the official respondents as also the CD file reveals that on 10.02.2022, private respondent/complainant approached the concerned Police Station, Sunderbani with a written complaint alleging inter alia that when he was coming to his house from Garhan Mohalla and was about 50 meters away from his house, he was suddenly attacked by the petitioner in his Vitara Breeza Car. It was alleged that he was wrongfully restrained and the petitioner-accused started beating him with fists and blows. His family members came to the spot and saved him from the petitioner. On the receipt of this report, impugned FIR came to be registered and Investigating Agency during investigation, besides other legal formalities, obtained medical report of the injured private respondent. Sr. No. 24
2
05. This Court is vested with inherent jurisdiction to prevent the abuse of process of any law or to secure the ends of justice. It is trite that this power can be exercised by this Court with due care and circumspection, however, it is clearly settled that if the contents of FIR prima facie disclose the commission of cognizable offences, this Court cannot embark upon an inquiry to look into the genuineness or otherwise of the disputed facts raised by the petitioner.
06. A perusal of the CD file reveals that Investigating Agency besides recording statements of the complainant and the witnesses under Section 161 Cr.P.C. also obtained medical report of the injured private respondent, which prima facie disclose the commission of offence under Sections 341/323/504/506 IPC against the petitioner. Hence, the present petition is found bereft of merit and is accordingly dismissed.
07. Interim direction dated 27.05.2022 shall stand vacated.
08.
Disposed of.
(Rajesh Sekhri)
Judge
Jammu 18.08.2025 Eva