Ghulam Hassan and Ors. v. State Th.Home Deptt.and Ors.
Case brief
What is this about?
Petition challenging FIR disposed as infructuous following closure reports and closure of investigation by investigation agency.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Sr. No. 11
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
CRMC No. 368/2016 IA No. 01/2016
Ghulam Hassan and ors.
…..Appellant(s)/Petitioner(s)
Through: Mr. A.M. Malik, Advocate.
Vs
State of J&K and ors.
.…. Respondent(s)
Through: Mr. Divyanshu Malhotra, Advocate vice Mr. Sunil Malhotra, GA for R-1 and 2.
Coram: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE
ORDER 03.02.2022
The petitioners through the medium of the instant petition have challenged FIR No. 227/2014 for offences under Sections 147, 323, 427 and 504 RPC registered with Police Station, Doda. During the pendency of this petition, the official respondents have filed the status report on 06.12.2021. As per the contents of the status report, after registration of the impugned FIR, the investigation was conducted and the statements of the witnesses under Section 161 Cr.P.C were recorded. After undertaking the investigation, the case was closed as not admitted. The closure report bearing No. 37/2015 dated 30.11.2015 was filed before the competent Court, but further investigation of the case was directed by the learned Magistrate in terms of order dated 15.06.2016. The status report further goes on to provide that even after further investigation of the case, the allegations made in the impugned FIR could not be substantiated, as a result whereof, the closure report bearing No. 07/2018 dated 30.07.2018 was presented before the competent Court.
CRMC No. 368/2016
2
In view of the above position, the relief prayed in the instant petition has been rendered infructuous. The petition is, accordingly, disposed of as having been rendered infructuous. In case, the closure report is not accepted by the learned Magistrate, the petitioners shall be at liberty to challenge such an order before the competent Court by way of appropriate proceedings.
Petition stands disposed of along with connected IA.
(Sanjay Dhar) Judge
Jammu 03.02.2022 Ram Krishan
Ghulam Hassan and ors.
State of J&K and ors.
Sanjay Dhar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court