High CourtsSingle Bench(2023) 02 J&K CK 0054

Monika Sharma And Others vs Union Territory Of J&K And Another

Jammu And Kashmir High Court · Decided on 17 February 2023

HON’BLE JUDGES
Sanjay Dhar, J
RESULT
Dismissed
CASE NUMBER
Criminal Miscellaneous No. 744 Of 2022

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Judgment

6 paragraphs · 212 words

Sanjay Dhar, J

Nobody has been appearing on behalf of the petitioners for a quite some time. Today also, there has been no representation on behalf of the petitioners.

The petitioners have challenged the challan arising out of FIR bearing No. 12/2022 for offences under sections 452, 323, 34, 504 and 506 IPC registered with Police Station, Nowshera.

As per the allegations made in the impugned challan, on 20.22.2022, the petitioners are alleged to have trespassed into the house of the complainant situated at Bhagnoti, Tehsil Nowshera, District Rajouri and thereafter, given a beating to the complainant with lathies and kicks. The complainant was dragged out of her house with a view to forcibly take over the possession of her house. It has also been alleged that the petitioners tried to finish off the complainant by throttling her but she raised alarm and the people from the neighbourhood intervened.

The aforesaid allegations clearly disclose commission of cognizable offences against the petitioners. The statements of the witnesses recorded during the investigation of the case also substantiate the aforesaid allegations.

In view of the above, it would not be open for this Court to exercise its jurisdiction under section 482 Cr.P.C. to quash the impugned challan. The petition lacks merit and is dismissed accordingly.