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2025 DAILYLAW 4473 (JK)

KAMAL NAIN SINGH PROP M/S ANURADHA GRIT UDYOG JAMMU v. UNION TERRITORY OF JAMMU AND KASHMIR TH SHO POLICE STATION AMB GHROTA JAMMU AND ANOTHER

CRM(M)/609/2021 · 2025-09-10

Ma Chowdhary

body2025

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CRM(M) No. 609/2021 CrlM No. 1771/2022 CrlM No. 1251/2022 CrlM No. 1878/2021 Kamal Nain Singh, Age 65 years S/O Late K. R. Singh R/O Silver Oaks Lane Barnai, Jammu. Prop. M/S Anuradha Grit Udyog/Stone Crusher Peeli Kothi, Barnia PO Muthi Akhnoor Road Jammu …..Petitioner(s) Through: Mr. R. Koul, Advocate Mr. Gagandeep Sharma, Advocate. Vs 1. UT of Jammu & Kashmir through SHO, Police Station Amb Gharota, Jammu. 2. Joint Director/DMO, Geology & Mining Deptt, J&K Govt. Jammu. Authorised Officer. .…. Respondent(s) Through: Mr. P. D. Singh, Dy. AG for R-1. Ms. Pallavi Sharma, Advocate vice Mr. Dewakar Sharma, Dy. AG for R-2. CORAM: HON’BLE MR. JUSTICE M A CHOWDHARY, JUDGE ORDER (10.09.2025) 01. Petitioner, through the medium of this petition, seeks quashing/setting- aside of FIR No. 0007/2021, registered at the instance of the respondent No. 2 at Police Station Amb Gharota, Jammu on 22.01.2021 for the commission of offence under section 379 IPC, alleging that the petitioner was illegally in possession of the seized material, which had been shown by the complainant as stolen property. Sr. No. 03 2 CRM(M) No. 609/2021 02. Objections have been filed by the respondents. 03. Mr. P. D. Singh, learned State Counsel submits that after investigation of the case, a charge-sheet has already been laid before the court of law and is pending consideration of the charge. 04. Learned counsel for the petitioner submits, at this stage, that this petition may be disposed of at this stage with a direction to the trial court to consider the documents produced by the petitioner herein at the time of the consideration of the charge, in support of his defense with regard to legal possession of the seized property alleged to be stolen. 05. In view of the submissions made by the learned counsel for the petitioner and not opposed by the learned counsel for the respondents, the present petition is, accordingly, disposed of at this stage with a direction to the trial court to consider the documents, if any, produced by the petitioner herein in support of his claim for legal possession of the seized alleged stolen property, subject to their verification. 06. Disposed of, along with connected application(s). (M A CHOWDHARY) JUDGE JAMMU 10.09.2025 Bunty Bunty Kumar 2025.09.11 14:32 I attest to the accuracy and integrity of this document