SHOKIT ALI AND OTHERS v. UT OF J AND K TH S.H.O. POLICE STATION SURANKOTE AND ANOTHER
CRM(M)/865/2025 · 2025-09-04
Ma Chowdhary
body2025
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[ 2025 DAILYLAW 4642 (JK) · dailylaw.ai ]
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[ 2025 DAILYLAW 4642 (JK) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
CRM(M) No. 865/2025 CrlM No. 1608/2025
Shokit Ali & Ors.
…..Appellant(s)/Petitioner(s)
Through: Mr. T.R Wani, Advocate
vs
UT of J&K & Anr. .…Respondent(s)
Through: Mr. Eishaan Dadhichi, GA for R- 1 Mr. Mohsin Bhat, Advocate for R- 2
CORAM: HON’BLE MR. JUSTICE MA CHOWDHARY, JUDGE
ORDER (04.09.2025)
01. Petitioners, through the medium of this petition, filed under Section 528 of Bharatiya Nagrik Suraksha Sanhita (BNSS), 2023 seek quashment of FIR No. 175/2025 for the commission of offences punishable under Sections 85,115(2), 191(2), 351(2), 352 of the Bhartiya Nyaya Sanhita, (BNS), 2023 registered at Police Station, Surankot on 27.08.2025 at the instance of respondent no. 2, with regard to an incident having taken place on
31.07.2025.
02. Learned counsel for the petitioners argued that this FIR is a counterblast of the FIR No. 158/2025, which was registered at the same Police Station on 12.08.2025 for the commission of offences punishable under Sections 333, 115(2), 324(4), 3(5) BNS, 2023, on the complaint of petitioner no. 1- Shokit Ali. As such the delayed impugned FIR has been registered on mala fides by the respondent no. 2.
03. Heard. Serial No. 103
04. Issue notice to the respondents. Notice waived by Mr. Eishaan Dadhichi, learned Government Advocate on behalf of respondent no. 1 and Mr. Mohsin Bhat, Advocate behalf of respondent no. 2, who is the complainant in the present case.
05. Since, both the FIR Nos. 175/2025 and 158/2025 have been registered at the same Police Station by rival parties, with regard to the same occurrence allegedly having taken place on 31.07.2025, it will be in the interest of fair investigation that both the cases are investigated by the same investigating officer, so, as to rule out, any apprehension of the rival parties for any partial investigation.
06. Learned counsel for the respondents have not taken any serious exception to the aforesaid proposition.
07. In view of the above, this Court is not inclined to proceed further in the present case and in the interest of justice, this petition is disposed of with a direction to the SHO of the concerned Police Station to ensure that both the cases registered vide FIR No. 158/2025 and FIR No. 175/2025 are investigated by the same I.O simultaneously, and that the investigation in both cases is concluded, expeditiously, in accordance with law.
08. Disposed of, accordingly, alongwith connected application(s).
(MA CHOWDHARY)
JUDGE
Jammu 04.09.2025 Sapna
Sapna Bamotra 2025.09.08 15:21 I attest to the accuracy and integrity of this document Jammu