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2009 DIGILAW 241 (JK)

Baldev Raj v. State Of J. &K.

2009-05-16

MUZAFFAR HUSSAIN ATTAR

body2009
1. This petition is filed u/s 561-A CrPC for quashing FIR no. 144/2008 registered in police station Bilawar against the petitioner and his son u/s 188 RPC. 2. One Suresh Kumar filed an FIR against the petitioner in police station Bilawar alleging therein that status quo order was passed by the Civil Court which status quo order is directed to be implemented through police. Further allegation is that the status quo order has been violated thus the petitioner has committed an offence u/s 188 RPC, the concerned police station accordingly registered the above referred FIR. 3. Heard learned counsel for the parties. Considered the matter. 4. The only ground taken in this case is that an FIR u/s 188 can be lodged only by the authority whose orders have been allegedly violated/disobeyed. Learned counsel for the petitioner to support his contention has referred to and relied upon the judgement passed by this court in petition no. 105/2008 (561 CrPC) dated 21st February 2009 in which on identical grounds the FIR called in question in that petition was quashed. It was held that the order for injunction issued by a Civil Court may be executed by police concerned but cannot be said to be an order promulgated by Station House Officer (SHO). Learned counsel has further referred to 1981 Criminal Law Journal Page 68. In this case, the proceedings initiated by a person other than the authority whose order was allegedly disobeyed was held to be incompetent. Learned counsel further referred to and relied upon 2008 Criminal Law Journal Page 3576. The Honble Court has held that proceedings launched against the petitioner by filing an FIR having allegedly committed an offence u/s 188 RPC is not competent. Learned counsel for the respondent no. 2 has referred to judgement 2006 Criminal Law Journal Page 404 to canvass that an FIR cannot be quashed by having resort to section 561-A CrPC to scuttle the statutory investigation. 5. In the present case, in view of the fact situation it becomes writ large on the face of the record that a complaint u/s 188 RPC is to be filed by the person who has issued a proclamation which has been disobeyed. The FIR having been filed by private persons and case having been registered, such an FIR is not countenanced in Law. The FIR having been filed by private persons and case having been registered, such an FIR is not countenanced in Law. The High Court when it finds that the FIR suffers from legal infirmity and proceedings have to be dropped even at subsequent stage has power and authority to quash the FIR. A case for exercise of power u/s 561-A CrPC is made in the facts and circumstances of the case. 6. This petition is allowed and FIR no. 144/2008 police Station Bilawar is quashed.