Jammu & Kashmir High Court
Jeet Kumar vs Ut Of J&K And Another on 31 December, 2024
Author: Rahul Bharti
Bench: Rahul Bharti
Serial No. 66
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Case:- Bail App No. 313/2024
c/w
CRM(M) No. 1016/2024
CrlM No. 2050/2024
Jeet Kumar .....Appellant(s)/Petitioner(s)
Through: Mr. Rohit Verma, Advocate.
Vs
UT of J&K and another ..... Respondent(s)
Through: Mr. Sumeet Bhatia, GA for R-1.
Coram: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE
ORDER
(31.12.2024)
CRM(M) No. 1016/2024
1. The petitioner is confronted with his implication in FIR No.
0109 dated 14.11.2024 by the Police Station Ramnagar, district
Udhampur for alleged commission of offences under sections 341, 337,
354, 354-D, 506, 34 of the Indian Penal Code, 1860 read with sections
8, 10, 12 of the Protection of Children against Sexual Offences Act,
2012 and section 67-A of the Information Technology Act, 2008.
2. The registration of the FIR has taken place at the instance of
the complainant/victim/prosecutrix who is reported to be a minor
and, as such, her name is to be kept undisclosed although the
petitioner has mentioned her by her name as respondent No. 2.
3. Learned counsel for the petitioner is directed to do the table
amendment before the Registrar Judicial, Jammu by erasing the name
of the respondent No. 2 and referring it Miss-X in the petition and
2 Bail App No. 313/2024
c/w
CRM(M) No. 1016/2024
elsewhere also wherever her name has been mentioned by the
petitioner.
4. The registration of the FIR comes in the backdrop of the
development in which the petitioner came to be first implicated in the
FIR No. 23/2024 dated 03.03.2024 registered by Manohar Lal-
grandfather of the complainant/victim/prosecutrix.
5. This FIR was registered by the Police Station Ramnagar,
district Udhampur for alleged commission of offence under section 363
of the Indian Penal Code, 1860 wherein the informant-Manohar Lal
came to name the petitioner as suspect having carried out commission
of offence under section 363 qua his granddaughter who was alleged to
have not returned back from school on 01.03.2024 and her date of
birth was mentioned as 17.02.2007.
6. The FIR No. 23/2024 dated 03.03.2024 resulted in the
presentation of a Final Police Report (Challan) 21 of 2024 dated
09.05.2024 for alleged commission of offence under section 363 of the
Indian Penal Code against the petitioner which enlisted the informant-
Manohar Lal, the victim girl, her mother-Sushma Devi, her father-
Milap Chand as prosecution witnesses. The petitioner is said to be
undergoing trial in the said case.
7. Learned counsel for the petitioner submits that the
registration of 2nd FIR No. 0109 dated 14.11.2024 is being purportedly
related to an incident of 12.05.2024 i.e. just after two days of Final
Police Report/Challan No. 21/2024 dated 09.05.2024 getting
3 Bail App No. 313/2024
c/w
CRM(M) No. 1016/2024
presented against the petitioner in which the petitioner came to be put
up for trial under section 363 of the Indian Penal Code only and that
left the family members of the alleged complainant/victim/prosecutrix
agitated that the petitioner has not been booked for more offences that
too of serious nature and that is why they came up as an afterthought
with accusation in terms of the alleged incident of 12.05.2024.
8. Learned counsel for the petitioner further submits that the
manner in which 2nd FIR has come to be got registered by using none
other than the complainant/victim/prosecutrix herself is a pointer to
the fact that the father and grandfather of the victim girl are upto
mischief to sensationalize the matter against the petitioner and, thus,
are getting the petitioner implicated in a false and frivolous case so as
to ruin his life.
9. The petitioner is, thus, before this Court seeking quashment
of the said FIR as an abuse of process of law.
10. Prima facie case is made out.
11. Issue notice to respondent No. 1.
12. Mr. Sumeet Bhatia, learned GA accepts notice on behalf of
the respondent No. 1.
13. Insofar issuance of notice to respondent No. 2-
complainant/victim/prosecutrix is concerned, let notice go to her
father-Milap Chand, R/o Ward No. 9, Suka Talab, Ramnagar, district
Udhampur.
4 Bail App No. 313/2024
c/w
CRM(M) No. 1016/2024
14. Petitioner to furnish registered postal cover within a period of
seven days whereupon notice shall go to Milap Chand-the father of the
respondent No. 2 as being her natural guardian.
15. In the meantime, operation of the impugned FIR No. 0109
dated 14.11.2024 by the Police Station Ramnagar, district Udhampur
is stayed till next date of hearing. This order is, however, subject to
objections from the other side.
Bail App No. 313/2024
16. The petitioner is given the liberty to withdraw the instant bail
application subject to the outcome of the petition-CRM(M) No.
1016/2024.
17. It is directed the petitioner not to indulge in any act of
omission or commission whatsoever which may amount to
intimidating the prosecution witnesses in the Final Police
Report(Challan) No. 21/2024, failing which the petitioner shall suffer
recall of the indulgence hereby granted by this Court in staying the
operation of the FIR No. 0109/2024 dated 14.11.2024.
18. List on 25.02.2025.
(RAHUL BHARTI)
JUDGE
JAMMU
31.12.2024
Shivalee
Shivalee Khajuria
2025.01.02 11:17
I attest to the accuracy and
integrity of this document
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