Jammu & Kashmir High Court
Sushil Kumar & Ors vs Ut Of J&K & Ors on 21 April, 2025
Author: Sanjay Dhar
Bench: Sanjay Dhar
Sr.No. 23
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
CRM(M) No.335/2025
Sushil Kumar & Ors. ....Petitioner(s)/Appellant(s)
Through :- Mr. Rohit Kotwal, Advocate.
(Through Virtual Mode)
V/s
UT of J&K & Ors. ....Respondent(s)
Through :- None.
Coram: HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE
ORDER
(21.04.2025)
01. The petitioners have challenged FIR No.88/2024 for offences under
Sections 323/504/506/147 IPC registered with Police Station, Nowshera.
02. As per the allegations made in the impugned FIR, on 28.06.2024 at
about 12.10 p.m., the petitioners are alleged to have extracted sand and bajri in
an illegal manner and this was objected to by the complainant, the petitioners
attacked the complainant with clubs, fists and kicks. It is further alleged that the
petitioners attacked the complainant with an iron rod as also with stones, as a
result of which, the complainant suffered fractures on his left arm and got
injuries on other parts of the body. The complainant raised hue and cry and the
people gathered on spot to save him from the clutches of the petitioners or else
he would have been done to death.
03. Learned counsel for the petitioners has contended that the allegations
made in the impugned FIR are absolutely false and frivolous and that the FIR
has been lodged with a view to implicate them in the false case. It has been
2
further submitted that there are contradictions in the impugned FIR and the
allegations made therein are improbable.
04. Heard and considered.
05. A bare perusal of the contents of the impugned FIR, as narrated herein
before, clearly indicate that cognizable offences are made out against the
petitioners. It has been clearly alleged in the impugned FIR that the petitioners
launched an attack upon the complainant. They gave beating to him with iron
rod and stones, kicks and fists which resulted in fracture to his left arm.
06. The veracity of allegations made in the FIR cannot be subject matter of
determination by this Court in these proceedings. It is only after the investigation
is conducted by the investigating agency that the veracity of the allegations can
be ascertained. This Court at this stage cannot go into the merits of the
contentions raised by learned counsel for the petitioners. Once the allegations
made in the FIR disclose commission of cognizable offences, a statutory duty is
enjoined upon the investigating agency to undertake investigation of the case.
This Court cannot stifle the investigation of the case, particularly, when it is at
an initial stage.
07. For the foregoing reasons, I do not find any merit in this petition. The
same is dismissed, accordingly.
(SANJAY DHAR)
JUDGE
Jammu:
21.04.2025
Eva
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