HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Bail App No. 274/2024 c/w CRM(M) No. 872/2024 CrlM No. 1793/2024 Imtiaz Ahmed and others …..Appellant(s)/Petitioner(s) Through: Mr. Z. A. Qazi, Advocate. vs UT of J&K .…. Respondent(s) Through: Mr. Eishan Dadichi, GA Mr. Gagan Kohli, Advocate. Coram: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE ORDER 10.02.2025 ORAL CRM(M) No. 872/2024 1. The instant petition has been filed by the petitioners for quashing FIR No. 0089/2024 dated 01.11.2024 for commission offences under Sections 332(C), 191(2), 115(2), 352, 351(2), 307 and 324(4) of BNS 2023. 2. It is stated that the FIR impugned is a counterblast to FIR No. 0084/2024 dated 09.10.2024 lodged by the petitioner No. 2 against the respondent No. 3 and 4 to 7 pursuant to the directions issued by the court of learned Chief Judicial Magistrate, Poonch. It is further stated that the petitioner No. 7 was wrongly impleaded as accused in the FIR impugned as he was suffering from serious health problem after kidney transplant and is still under treatment. It is further stated that Serial No. 2 2 Bail App No. 274/2024 c/w CRM(M) No. 872/2024 CrlM No. 1793/2024 there are no specific allegations in the FIR impugned in respect of the petitioners, as such, the FIR is required to be quashed. 3. The official respondents have filed the response, stating therein that on receipt of information, FIR bearing No. 0089/ 2024 dated 01.11.2024 was registered. It is further stated that during the course of investigation, the Investigating Officer visited on spot, prepared the site plan and recorded the statement of the complainant. Thereafter, statements of more witnesses were recorded and the complainant sought time to produce witnesses, but he could not produce the witnesses. It is further stated that the petitioners are not cooperating with the Investigating Officer after getting stay on the filing of charge- sheet and the investigation is still continuing. 4. Mr. Z. A. Qazi, learned counsel for the petitioners submits that the FIR impugned is a false and frivolous and has been lodged as a counterblast to FIR No. 0084/2024 dated 09.10.2024 lodged by the petitioner No. 2 against the respondent No. 3 and 4 to 7. It is further stated that the petitioner No. 7 was suffering from serious health issues and had undergone kidney transplant but he has been arrayed as accused just to harass him. 5. Per contra, Mr. Eishan Dadichi, learned GA has submitted that the investigation is still continuing and the allegations levelled against the petitioners are still being investigated by the Investigating Officer. 3 Bail App No. 274/2024 c/w CRM(M) No. 872/2024 CrlM No. 1793/2024 6. Mr. Gagan Kohli, learned counsel for the respondent No. 3 has argued that the FIR cannot be quashed in the instant petition as the petitioners have raised disputed questions of facts. 7. Heard learned counsel for the parties and perused the record. 8. A perusal of the record reveals that on 17.10.2024 at around 08.30 P.M. while the respondent No. 3 was in his shop, the petitioners trespassed into the shop of respondent No. 3 and abused him. They held him from his neck and he was also beaten with fists and blows. In the meanwhile, some passersby came on spot and rescued him. It is also alleged that the petitioners took away Rs. 7,000/- from his shop and a drill machine and other items were also missing. 9. The sole contention of the petitioners is that the FIR has been lodged as a counterblast to the FIR No. 0084/2024 registered in respect of occurrence that took place on 17.07.2024. Status report filed by the Investigating Officer reveals that the matter is still being investigated and, as such, at this stage, it cannot be held that the FIR impugned has been registered as a counterblast to the FIR No. 0084/2024. The other contention of the petitioners that the petitioner No. 7 has been wrongly roped in as accused in the FIR impugned in this case, also cannot be considered at this stage. It is for the Investigating Officer to determine the veracity of the allegations levelled against the petitioners. 10. Viewed thus, no case is made out for quashing the FIR impugned in the instant petition, as such, the present petition along with the connected application is disposed of by directing the Investigating 4 Bail App No. 274/2024 c/w CRM(M) No. 872/2024 CrlM No. 1793/2024 Officer to investigate the FIR impugned in accordance with law and the Investigating Officer shall also consider the defence of the petitioner No. 7 with regard to his ailment while investigating the FIR. Bail App No. 274/2024 1. The petitioners were granted interim bail in anticipation of arrest vide order dated 19.11.2024. 2. Though, it is submitted by the Investigating Officer that the petitioners are not participating in the investigation, but after the petitioners were granted bail by this Court vide order dated 19.11.2024, till date no application has been moved by the Investigating Officer seeking cancellation of bail granted to the petitioners vide order dated 19.11.2024. 3. In view of this, interim bail granted to the petitioners vide order dated 19.11.2024 is made absolute on the same terms conditions. 4. In the event, the petitioners do not participate in the investigation, the Investigating Officer shall be at liberty to approach this Court for cancellation of bail granted to the petitioners vide order dated 19.11.2024. 5. Disposed of. (RAJNESH OSWAL) JUDGE Jammu 10.02.2025 Sahil Padha Whether the order is speaking: Yes/No. Whether the order is reportable: Yes/No. Sahil Padha 2025.02.18 14:04 I attest to the accuracy and integrity of this document