Research › Search › Judgment

High Court of Jammu and Kashmir · body

2025 DAILYLAW 4891 (JK)

MOHD QASIM AND ANOTHER v. U T OF J AND K TH SHO POLICE STATION RAJOURI AND ANOTHER

CRM(M)/927/2022 · 2025-09-17

Ma Chowdhary

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CRM(M) No. 927/2022 CrlM No. 1912/2022 01. Mohd.Qasim S/O Sh. Rajwali R/O Rajpur Kamila, Qila Darhal, Nowshera, District Rajouri. 02. Abdul Hamid S/O Sh. Mohd. Qasim R/O Rajpur Kamila, Qila Darhal, Nowshera, District Rajouri. …..Appellant(s)/Petitioner(s) Through: Mr. Monish Chopra, Advocate. Vs 01. Union Territory of Jammu & Kashmir Through S.H.O, Police Station Rajouri. 02. Range Forest Officer Nowshera Range Nowshera, District Rajouri. .…. Respondent(s) Through: Mr. Bhanu Jasrotia, GA. CORAM: HON’BLE MR. JUSTICE M A CHOWDHARY, JUDGE ORDER (17.09.2025) 01. Petitioners, through the medium of this petition, filed under Section 482 Cr.P.C, seek quashment of FIR No. 231/2022 dated 07.10.2022, registered with Police Station Nowshera, District Rajouri, for the commission of offences punishable under Sections 447 IPC & 26(1) (h) India Forest Act, 1927, alleging that they have been falsely implicated in the case as they are Poor Tribal farmers and have been in possession of land falling under Khasra Nos. 749, 750,751 & 752 and have constructed their dwelling house over a piece of land measuring 04 Marlas falling Serial No.03 2 under Khasra No. 751 situated at Village Rajpura Kamila, Tehsil Qila Darhal. 02. During the pendency of this petition, respondents have filed status report dated 24.09.2024, which inter alia reveals on the basis of investigation, offences under Sections 447 IPC and 26 (1) (h) Indian Forest Act stand proved against the accused, namely, Mohd Qasim only and investigation has been concluded into charge sheet and same is sub judice before the Court of learned Judicial Magistrate (Sub-Judge) Nowshera since 18.12.2023, against the accused-Mohd. Qasim. 03. Learned counsel for the petitioners submits that since the investigation has resulted into charge sheet, the petitioner/accused has right to contest the charges as well as the case, if they are chargesheeted before the trial Court, as such, the present petition be disposed of as not pressed. 04. In view of the above, the petition is ‘disposed of’, as not pressed along with connected application(s). (M A CHOWDHARY) JUDGE Jammu 17.09.2025 Renu Renu Bala 2025.09.19 16:31 I attest to the accuracy and integrity of this document