AI Structured Summary
Not yet generated for this judgment
Judgment
Sanjay Dhar, J
The petitioner has invoked the jurisdiction of this Court under Section 482 Cr.P.C, seeking quashment of FIR No.63/2022, for offence under Section 353 IPC, registered with Police Station Kupwara.
Before coming to the grounds of the petition, it is necessary to notice contents of the impugned FIR. It is alleged in the FIR that on 24.03.2022, when a police party was on patrolling duty in Kupwara market, they intercepted the vehicle bearing No.JK09-9528, that was being driven by the petitioner, and demanded documents of the vehicle from him. It is further alleged that this did not go well with the petitioner and he reacted by coming out of the vehicle and hitting the complainant-Sameer Ahmad-Incharge Police Post Bazar Kupwara with his fist. It is further alleged that one more youth Faisal Khaliq Dar also joined the petitioner and both of them attacked the police party, and prevented them from performing their official duties.
I have heard learned counsel for the parties and perused the record.
It has been contended by learned counsel for the petitioner that the petitioner is a Civil Engineer and on the date of the occurrence he had gone to attend his ailing niece. It has been also contended that the petitioner was in possession of all the documents and, therefore, there was no question of his having any altercation with the police personnel. It has been also contended that the petitioner had only pleaded with the police personnel that he had a medical emergency and that he should be allowed to go.
It is a settled law that FIR or complaint can be quashed by the High Court in exercise of its powers under Section 482 Cr.P.C only if from the bare perusal of the contents thereof, no cognizable offence is disclosed. In the instant case, the narration of facts contained in the impugned FIR, as stated herein before, clearly depicts commission of offence under Section 353 IPC which is cognizable in nature. It is clearly alleged in the FIR that the petitioner and the co-accused launched attack on police party when they asked for documents of the vehicle, thereby, preventing the police party from performing their lawful duties.
The contention of the petitioner that he had only pleaded with the police party to allow him to go as he had to attend a medical emergency and that he has been implicated in a false and frivolous case, can be gone into by the Investigating Agency during the investigation of the impugned FIR. This Court in these proceedings cannot analyze the facts, particularly the defence of the petitioner. The investigation in the impugned FIR, the contents whereof prima facie disclose cognizable offence, cannot be stifled at the very inception by quashing the same.
For the foregoing reasons, I do not find any merit in this petition. The same is accordingly dismissed.