Ramzan Hussain And Another vs U. T. Of J&K And Others

Rajnesh Oswal, J

The prayer made in the instant petition is for quashing FIR bearing No. 0217 dated 16.05.2022 for offences under sections 341, 323, 354 and 34 IPC registered with Police Station, Udhampur against the petitioners at the instance of respondent No. 3.

It is contended by the petitioners that another FIR too has been registered against respondent No. 3 and two others and a video of the occurrence has also been placed on record in form of pen drive annexed with the petition.

Investigating Officer is present along with Case Diary. Status report also stands filed in which it is stated that the statement of the complainant has been recorded under section 164 Cr.P.C. and the final medical opinion has not been obtained because the proceedings in the impugned FIR impugned have been stayed by this Court.

After hearing the learned counsel for the parties and the perusal of the Case Diary, this Court is of the considered opinion that there are cross versions in respect of the same occurrence by the two rival parties and in such scenario, impugned FIR cannot be quashed.

In view of the above, the instant petition is disposed of by directing the SHO concerned to ensure that both the FIRs are investigated by the same Investigating Officer if the investigation in another FIR is not complete. While investigating the impugned FIR, the Investigating Officer shall also take note of the pen drive annexed with the present petition provided the petitioners submit the pen drive to the Investigating Officer, who otherwise is under obligation to consider the defence of the accused as well in terms of section 597 of the J&K Police Rules.

Case Diary is returned.