Jammu & Kashmir High Court
Abid Hussain & Ors vs Ut Of J&K & Ors on 23 December, 2024
Author: Rahul Bharti
Bench: Rahul Bharti
Sr. No. 9
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Case No.:- CRM(M) No. 964/2024
CrlM No. 1947/2024
Abid Hussain & ors.
.....Petitioner(s)
Through: Mr. Mushtaq Chouhan, Advocate.
Vs
UT of J&K & ors
..... Respondent(s)
Through:
Coram: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE
ORDER
23.12.2024
1. Petitioner No. 1-Abid Hussain came to register an FIR No.
0459 of 2024 dated 18.10.2024 with the Police Station, Rajouri
with respect to an alleged incident of 14.10.2024 for alleged
commission of offences under sections
333/125/115(2)/351(2)/352 of the Bharatiya Nyaya Sanhita
(BNS), 2023. In this FIR, names of three persons i.e., father
and two sons, namely, Anwar Hussain, Zulfqar and Abrar
Ahmed came to be implicated.
2. The registration of the aforesaid FIR resulted in a counter
move in the form of registration of impugned FIR No. 0465 of
2024 dated 22.10.2024 lodged by the Anwar Hussain against
2 CRM(M) No. 964/2024
the petitioners by reference to an alleged incident of
23.07.2024 for alleged commission of offences under sections
332(c)/121/125/351(2)/352 of the Bharatiya Nyaya Sanhita
(BNS), 2023 wherein six (06) persons came to be named as
accused, three of whom are minors and all are the petitioners
before this Court.
3. Learned counsel for the petitioners submits that the very fact
that even the minors have not been spared from being
mentioned in the impugned FIR by the respondent No. 4-
Anwar Hussain, who himself is the accused in FIR No. 0459 of
2024 dated 18.10.2024 registered by the petitioner No. 1-Abid
Hussain, is a pointer to the fact that the registration of the
impugned FIR is nothing but a tool for harassing the
petitioners in order to settle the matters with accused persons
in relation to FIR No. 0459 of 2024 dated 18.10.2024.
4. Prima facie case is made out.
5. Issue notice to the respondents in the main petition as also in
application.
6. Mr. Bhanu Jasrotia, Govt. Advocate accepts notice on behalf of
the respondents No. 1 to 3. He seeks and is allowed four
weeks to file reply.
7. Notice shall go to the respondent No. 4.
3 CRM(M) No. 964/2024
8. Petitioners to furnish registered postal cover for the service of
the respondent No. 4 within seven days whereupon Registrar
Judicial, Jammu to issue notice to the respondent No. 4.
9. List again on 17.02.2025.
10. In the meantime, operation of the impugned FIR No. 0465 of
2024 dated 22.10.2024 of the Police Station, Rajouri shall
remain stayed. This order is, however, subject to objections
and till next date of hearing.
11. Let Investigating Officer of Police Station, Rajouri handling FIR
No. 0465 of 2024 dated 22.10.2024 to come up along with
case diary file on the next date of hearing.
(RAHUL BHARTI)
JUDGE
JAMMU
23.12.2024
Naresh/Secy.
Naresh Kumar
2024.12.24 17:50
I attest to the accuracy and
integrity of this document