Mohd. Yaqoob And Others vs Union Territory Of J&K And Others

This order shall dispose of application being CrlM No. 1094/2020 filed on behalf of respondent No. 4 for modification/clarification of order passed by this Court on 22.09.2020 in application for interim relief bearing CrlM No. 988/2020 accompanying CRM(M) 268/2020, wherein this Court on 22.09.2020 had directed that investigation in FIR No. 80/2020 registered with Police Station, Gursai, Poonch shall stay, subject to objections.

The instant application is maintained on the premise that upon registration of FIR (supra) investigation was under taken by the investigating officer, namely, Abdul Qayoom, Head Constable and that the petitioners/non-applicants herein had with criminal intention hit the motorcycle of the applicant resulting into serious injuries to his head, whereupon the applicant herein came to be shifted to Chandigarh Hospital for treatment from Jammu. It is being stated that during the course of investigation on account of the aforesaid attempt to murder against the applicant herein by the petitioners offences under Section 307/109 I.P.C came to be incorporated in the FIR (supra). It is being stated that on account of the serious injuries sustained by the applicant, the applicant was kept in ICU and put on mechanical ventilator support. It is being stated that applicant herein came to be assaulted and injured by the petitioners-non-applicants herein on account of his having entered into a marriage wedlock in accordance with Muslim rites and rituals with one Samina Yaqoob, daughter of petitioners No. 1, out of her free will, however, petitioner No. 1-non-applicant herein did not take the said marriage of his daughter in good taste.

Petitioners-non-applicants herein have filed objections, wherein the allegations levelled in the instant application are being denied and it is being stated that the FIR under challenge is infact a counter blast to FIR No. 78/2020 dated 05.09.2020 under Sections 341/323/427/366/147 IPC registered by the petitioners-non-applicants herein besides others against respondent No. 4-applicant herein. It is being denied that the daughter of the petitioner No. 1 is married to respondent No. 4-applicant herein. It is also being denied that the applicant was assaulted and injured by the petitioners-non-applicants herein and that the applicant was shifted to Chandigarh for treatment for having sustained serious head injures.

Heard learned counsel for the parties and perused the case diary as well which came to be produced by the Investigating Officer pursuant to order dated 10.2.2021.

Learned counsel for the applicant while making his submission insisted that the petitioners-non-applicants herein deliberately and intentionally suppressed before this Court on 06.11.2020 that offences under Section 307/109 IPC had been incorporated in FIR No. 80/2020 and that the non-applicants without any justification withheld the said information from this Court while filing the instant petition, and placed on record the copy of the FIR in question without there being the offences under Section 307/109 IPC.

Perusal of the record reveals that the petition had been filed by the petitioners-non-applicants herein on 18.09.2020 and the interim direction (supra) has been passed by the Court staying the investigation of the FIR No. 80/2020 on 22.09.2020. The FIR (supra) annexed with the petition admittedly, did not mention the offences of Section 307/109 IPC, but only offences under Sections 341,147,427,323,336 IPC.

Perusal of the case diary reveals that the said offences viz 307/109 IPC had been incorporated in the FIR already on the date of filing of the petition.

The counsel for the non-applicants however, denies the fact that the petitioners-non-applicants were in knowledge of incorporating of the offences in question in the FIR(supra).

Perusal of the case diary also reveals that the respondent No.4-applicant herein had sustained head injury allegedly on account of the assault committed by the petitioners-non-applicants herein, as a consequence of which the applicant had been shifted to Grecian Super Specialty Hospital, Mohali, Punjab for receiving treatment thereof.

Be that as it is, the fact remains that the offences under Sections 307/109 IPC had been incorporated in the FIR in question prior to the institution of the petition and that Court was not aware of the same while considering the petition along with application for interim relief on 22.09.2020. The Court has passed the interim order dated 22.09.2020 primarily on the ground that the FIR in question is a counter blast to the FIR registered by the petitioners/non-applicants herein against respondent No. 4-applicant herein.

In view of the aforesaid position obtained in the matter, the fact remains that the investigating agency is not proceeding with the investigation of the case on account of the interim order dated 22.09.2020 passed by this Court. The role of the petitioners into the omission of alleged offences incorporated under Sections 397/109 IPC is required to be left open to be investigated into by the investigating agency which is required to be given a free hand to investigate the case from all its angles.

Having regard to the facts and circumstances as noticed hereinabove, and gravity of the offences allegedly committed by the petitioners-non-applicants herein, interim order dated 22.09.2020 requires to be modified without expressing any opinion on the issue as to whether the petitioners were in know of the incorporation of the offences in question in the FIR or not on the date of filing of the petition.

Viewed thus, in the context what has been observed and discussed hereinabove, the application is allowed and order dated 22.09.2020 is modified by directing the investigating agency in FIR No. 80/2020, registered at Police Station, Gursai, Poonch to proceed ahead with the investigation in accordance with law.

The investigating agency, however, shall not present the Challan upon completion of the investigation, if it proposes to, without permission of this Court.

Application is disposed of.