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2025 DAILYLAW 3693 (JK)

MANZOOR HUSSAIN AND OTHERS v. UT OF J AND K TH. INCHARGE POLICE STATION KANDI RAJOURI AND OTHERS

CRM(M)/543/2024 · 2025-04-25

Rajnesh Oswal

body2025

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CRM(M) No. 543/2024 CrlM No. 1098/2024 Manzoor Hussain and ors. …..Appellant(s)/Petitioner(s) Through: Mr. Masood Chowdhary, Advocate vs UT of J&K and ors. .…. Respondent(s) Through: Mr. Bhanu Jasrotia, GA Coram: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE ORDER 25.04.2025 1. This petition has been filed by the petitioners for quashing FIR No. 0068/2024 registered on 15.06.2024 under Sections 354, 147, 323, 336 and 504 IPC. 2. Status report has been filed, wherein it is stated that on 15.06.2024, the complainant, namely, Mohd. Afzal lodged a written complaint with Police Station, Kandi that on the same day, his sister-in-law was going to canal to provide water to cattle when the petitioners with criminal intention, restrained her way and started pelting stones and beat her with fists, kicks and blows. On hearing hue and cry, daughter of sister- in-law of the complainant rushed there to save her mother and the accused persons, namely, Mohd, Rafi and Mohd. Haroon dragged the daughter of sister-in-law of the complainant to their house and tore her clothes and beaten her with sticks. On receipt of this complaint, FIR No. 68/2024 under Section 354, 147, 323, 336 and 506 IPC was Serial No. 13 2 CRM(M) No. 543/2024 registered and during investigation, date of birth of the daughter of sister-in-law of the complainant was obtained and she was found to be minor and accordingly, offence under Section 7/8 POCSO Act was added. The statements of the sister-in-law of the complainant, namely, Shanaz Akhter and her daughter were recorded before JMIC, Kotranka. It is further averred that the offences under Section 341, 336, 147, 323 and 504 IPC have been proved against Manzoor Hussain, Mohd. Fareed, Zanaib Bi, Nasreen Akhter, Mohd. Rafiq and Mohd Haroon and offences under Section 354, 341, 336, 504, 147 IPC and 7/8 POCSO Act stand proved against Mohd. Haroon. It is also stated that Mohd. Hanief, Mohd. Rafi, Shad Begum and Nagina Kouser were not found involved in the case. 3. In view of the above, this Court does not deem it proper to show indulgence and leave the petitioners who are found to be involved in the commission of offences, free to raise their grievances before the learned trial court in the event of filing of any charge sheet against them. 4. Disposed of. (RAJNESH OSWAL) JUDGE Jammu 25.04.2025 Neha-II