S. No. 19 Regular Cause List INTHE HIGH COURT 0F JAMMU & KASHMIR AND LADAKH AT SRINAGAR CRM(M) 180/2021 ASSIYA AND ORS. …Appellant(s)/Petitioner(s) Through: None Vs. NIGHAT SHAHEEN CHILOO ...Respondent(s) Through: Mr. Hilal Noorani, Advocate CORAM: HON’BLE MR. JUSTICE VINOD CHATTERJI KOUL-JUDGE ORDER 21.02.2025 Quashing of complaint filed by respondent before the court of Special Mobile Magistrate, Passenger Tax, Shops and Establishment Act and Electricity, Srinagar (“Trial Court” for short) as also order dated 17th March 2020 passed by Trial Court, are sought for in the instant petition on the grounds mentioned therein. Perusal of file reveals that on presentation of a complaint by complainant/respondent on 29.10.2019 and on its entertainment and recording of statement of complainant and in order to ascertain truthfulness and falsehoodness of complaint, cognizance against accused was deferred and case was sent to concerned police station for investigation under Section 202 Cr.P.C. It appears that Report had been filed in the matter. After going through report, material on record as also police report, the Trial Court took cognizance and issued process against accused persons/petitioners herein, by virtue of order impugned dated 17.03.2020, which reads as under:- “…This compliant was field by the complainant on 29.10.2019, and same was entertained. In support of the contents of the complaint statement of complainant was record and in order to ascertain the truthfulness and falsehoodness of the complaint cognizance against the accused persons was deferred and case was sent to concerned P/S for investigation U/S 202of Cr.P.C who have filed their detailed report in this matter and complaint was posted for arguments for the purposes taking cognizance against the accused persons. -2- Heard counsel for the complaint and perused the whole material appended with the complaint which include police report and receipts and one undertaking. I am of the opinion that the complainant at this stage has been able to make out the prima facie case for the purpose of taking cognizance against the accused persons. Accordingly, cognizance of the present compliant U/S202 of Cr.P.C is taken and process against the accused persons is issued. C/C is directed to issue bailable warrant to the tune of Rs. 30,000/- against the accused persons and put up on 03.04.2020.” Since none is present. I have gone through the complaint, statements recorded. The Trial court has recorded its satisfaction and sufficiency about the material which discloses the commission of offence by the accused persons and has taken cognizance and issued the process. No illegality can be found in the order impugned, therefore, this petition is dismissed along with connected CrM(s). Interim direction, if any, shall stand vacated. (VINOD CHATTERJI KOUL) JUDGE SRINAGAR 21.02.2025 “Imtiyaz” Imtiyaz Ul Gani I attest to the accuracy and authenticity of this document 25.02.2025 10:38