S. No. 70 Regular Cause List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CRM(M) No. 20/2023 Hossam Hussain Khan and Anr. …Appellant/Petitioner(s) Through: Mr. Prince Hamza, Advocate Vs. Union Territory of J&K and Ors. ...Respondent(s) Through: Mr. Waseem Gul, GA CORAM: HON’BLE MR JUSTICE VINOD CHATTERJI KOUL, JUDGE O R D E R 14.07.2025 1. This petition challenges the registration of FIR (First Information Report) and investigation thereon which has been lodged on a complaint of the complainant, namely, Mohammad Ashraf Baba, as FIR No.105/2022 for offences punishable under Sections 341 and 323 IPC (Indian Penal Code). 2. Learned counsel for the petitioner submits that from the contents of the complaint, no cognizable offence is made out, therefore, registration of FIR is bad and amounts to abuse of process of law and is required to be quashed, as such. 3. This Court vide order dated 25.01.2023, while issuing the notice to the respondents, allowed investigation to proceed, however, directed that chargesheet would not be filed. 4. Allegations as per impugned FIR are with regard to commission of offences punishable under Sections 341 and 323 IPC. Section 341 IPC provides punishment for wrongful restraint which is defined in 339 IPC. 5. The ingredients to make out a case under Section 341 IPC are that there must be voluntary obstruction of a person to prevent him from proceeding in any direction if that person had right to proceed. In the present case, as per the allegations contained in FIR the complainant while travelling in his car from Wanbal Rawalpora towards main Rawalpora, near Bridge (Dood Ganga Canal), two boys came from Alamdar Colony Canal Road in black car and his vehicle was at halt for few seconds/minutes on this junction due to heavy traffic movement and one of the boys sitting next to driver seat started shouting rudely. When complainant enquired from him what is the reason, why they were shouting rudely, he replied to move the car otherwise they would miss flight and immediately complainant drove his car towards Rawalpora with conversation that they did not have manner how to talk with elder people and left. Just after 100-200 yards, they stopped him forcibly by their car which they parked in front/side of his car and one boy came down who was sitting in front seat and started shouting and thereafter they beat complainant ruthlessly and resultantly he felt on ground, but they continued to harm him by kicking/punching his whole body and during this course complainant became unconscious, and it was due to intervention of people who saved complainant. Therefore, registration of FIR on allegations of wrongful restraint is not bad because the offence is cognizable and the allegations contained in the complaint prima facie establish a case for FIR’s registration and investigation thereon for the offence punishable under Sections 341 as well as 323 IPC. No wrong could be found in registration of FIR by the police for such offence. 6. Once an FIR is registered, police is obligated to investigate whether the allegations are substantiated during the investigation. The registration of FIR or investigation thereon do not constitute an abuse of process of law and does not warrant exercise of powers under the provisions of Section 482 of the Code of Criminal Procedure (Cr.P.C.). The petitioners have a right to present their defence during the trial. 7. Therefore, for the reasons stated above there is no ground to interfere with the registration of FIR and investigation taken thereon and as a consequence of which this petition stands dismissed. (VINOD CHATTERJI KOUL) JUDGE SRINAGAR 14.07.2025 Shabroz