Jammu & Kashmir High Court – Srinagar Bench
Shareefa And Anr vs Union Territory Through Police Station … on 18 December, 2024
Author: Sanjay Dhar
Bench: Sanjay Dhar
Serial No. 33
Regular Cause List.
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
CRM(M) 382/2022 CrlM(1090/2022).
SHAREEFA AND ANR.
...Petitioner (s)
Through: None.
VERSUS
UNION TERRITORY THROUGH POLICE STATION MAGAM AND ANR.
Through: Mr. Mubashir Majid Malik, Dy. AG.
...Respondent(s)
CORAM:
HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE.
ORDER
18-12-2024
01. On the last date of hearing, none had appeared on behalf of the
petitioners. Today, when the case was called out for hearing, no one has appeared
on their behalf.
02. As per the Status Report filed by the respondents, investigation in the
impugned FIR has been completed and the involvement of Mst. Aisha Begum,
Mst. Shabnam and Mst. Shaheena in the commission of alleged crime has not
been established. However, the offences under Sections 147, 148, 336, 323, 427,
354, 452 and 447 IPC have been found established against petitioner No.2 as also
against the Muzamil Ahmad Teli and Adil Teli and the challan has been laid
before the learned Judicial Magistrate 1st Class at Magam on 26.05.2022.
03. In view of the fact that the allegations made in the impugned FIR to
the extent of petitioner No.2 have been established after the investigation of the
case, as such, it would not be open to this Court to exercise its powers under
Section 482 CrPC to quash the proceedings as against the petitioner No.2. Once
the cognizable offences have been established against the accused, the criminal
proceedings against the accused have to proceed ahead.
04. In view of the above, the petition lacks merits and is dismissed
accordingly.
(Sanjay Dhar)
Judge
SRINAGAR
18-12-2024
Showkat Khan