JUDGMENT : Sanjay Kumar Gupta, J. 1. Petitioners invoke inherent jurisdiction of this Court under Section 561-A Cr.P.C seeking quashment of FIR No. 39/2013, dated 23.02.2013 registered at Police Station Akhnoor under Section 447/323/147/148/RPC read with Sections 3/25 & 4/25 Arms Act. In the petition, it is stated that on 07.07.2011 at about 9 a.m. accused persons i.e. the other party bearing enmity in mind and with criminal intention, attacked by forcibly intruding into the house of complainant/petitioner No. 9 and accused persons who committed battery and also indulged into acts of beating and outraging the modesty of Jamila Bibi. The police party rushed to the rescue of the petitioners and complainants to FIR and on the basis of complaint lodged by petitioner No. 9, FIR bearing No. 150/2011 under Sections 152, 323, 354, 147, 148 RPC was lodged in Police Station Akhnoor and after conducting investigation, total 13 persons were made accused and Challan was presented in the Court of Munsiff Akhnoor which is pending disposal after framing of charge and is at present at the stage of leading of evidence by prosecution. It is further contended that the impugned FIR was lodged against the petitioners on the basis of an application moved by the accused with respect to the same incident u/s. 156(3) and the factum of same incident, same time was also mentioned by the accused persons, and however, the place of incident was shown to be their ploughing fields. The persons who are serving and had gone to their respective offices were also implicated falsely and frivolously in the said application. The application was forwarded by the Court to the concerned Police Station with the direction to investigate the matter but the police knowing the veracity of the alleged incident and after conducting investigation did not find anything and as such did not proceed in the matter. Ultimately the accused got up from slumber and move application before the learned Chief Judicial Magistrate, Jammu to conduct inquiry/investigation u/s. 202 after lapse of more than one and half years from the date of alleged incident. Ultimately the accused got up from slumber and move application before the learned Chief Judicial Magistrate, Jammu to conduct inquiry/investigation u/s. 202 after lapse of more than one and half years from the date of alleged incident. The said application was forwarded by the CJM Jammu to Munsiff Akhnoor and after receiving the report from police Station, directed the SHO P/S Akhnoor to lodge FIR and it was solely on the basis of the order passed by learned Munsiff Akhnoor that FIR impugned was lodged against the petitioners after a lapse much time from the date of alleged incidents. The complainant has alleged that Gun was brandished by the accused persons but the fact remains that the Gun had been already seized by the Police in a counter FIR lodged against the complainants herein. 2. The impugned FIR bearing No. 39/2012 and order dated 04.02.2013 passed by JMIC Munsiff Akhnoor is assailed on amongst grounds: 1. That the impugned FIR is bad in the eyes of law. 2. That proceedings under section 202 were initiated after availing the proceeding under section 156 (3). It will be pertinent to mention that an application under section 156 (3) was initiated against the petitioners on 18.07.2011 but no investigation carried out by the police agency or the petitioner herein were associated in the proceedings/investigation and the complainant had filed the application under section 156 (3) in order to create: counter case against the petitioners, in which the challan already stands submitted before learned Munsiff Akhnoor and the witnesses are being adduced in the said case. The complaint after a lapse of more than one year from the date of alleged incident and after presenting application under section 156 (3), approached the court of learned CJM Jammu, wherein concealing the factum of having moved an application under section 156 (3) on the same facts. 3. That the lodging of FIR, is an irregularity in the eyes of law as the complainant in the Impugned FIR could not have availed under section 202, after an application already moved under section 156 (3) in which police agency had already been directed to take cognizance of the matter. 4. That the complainant has also concealed the fact that alleged Gun which the complainant alleged to have been used by the petitioners in his application, had already been seized by the police in FIR lodged by the petitioners. 4. That the complainant has also concealed the fact that alleged Gun which the complainant alleged to have been used by the petitioners in his application, had already been seized by the police in FIR lodged by the petitioners. 5. That the petitioners had filed afore-titled petition bearing No. 561-A No. 173/2013, which was dismissed in default for non prosecution as the counsel was busy in another court and by the time the counsel approached the Hon'ble Court, the matter had already been called for hearing and was Dismissed for non prosecution (Annexure-E)." 3. This Court vide order dated 28.11.2013, issued notice and further proceedings based upon FIR No. 39/2013 were stayed. 4. Heard learned Sr. Addl. Advocate General representing the State and perused the file. 5. From the perusal of FIR No. 39/2013, it reveals that said FIR has been lodged on the direction of JMIC Akhnoor dated 4.2.2013; the contents of FIR reads as under:- "Brief facts of the case are that applicant claims that they had filed an application u/s. 156(3) Cr.P.C. before JMIC, Akhnoor on 18.07.2011 with a direction to SHO, P/S Akhnoor for conducting enquiry against the accused persons. SHO Police Station, Akhnoor has conducted the investigation and some evidence has also been recorded by the concerned SHO as well. It is claimed that complainant alongwith his brothers was working in his land under Khasra No. 237 min, measuring 06 Marlas, situated at Village Barui, Akhnoor. The accused hatched a conspiracy and attacked upon the applicant/complainant and others with gun, lathis and tokas which resulted injuries to some persons from bullet. The applicant snatched gun from the accused and handed over the same to SHO, P/S, Akhnoor. Applicant approached Police for registration of FIR but Police did not register the same and thereafter applicant approached JMIC, Akhnoor u/s. 156(3) Cr.P.C. The grievance of the applicant/complainant is that Police has not registered any FIR till date. Along with this application a copy of complaint which was filed by applicant on 18.07.2011 is also annexed. P-2. Report was called from Police Station, Akhnoor and they have submitted a detailed report which is part of the file. I have gone through the record and consider the same. Along with this application a copy of complaint which was filed by applicant on 18.07.2011 is also annexed. P-2. Report was called from Police Station, Akhnoor and they have submitted a detailed report which is part of the file. I have gone through the record and consider the same. In the complaint submitted before SHO, P/S, Akhnoor, complainant has lodged that on 07.07.2011 at about 9.30 am when applicants were working in their land, the accused person all of a sudden entered in their land and started threatening the applicants. Accused No. 1 was having a single gun in his hand. In order to get the land vacated and grab the same asked other accused persons to fire with the fire of gun applicant (sic.) right hand. The matter was reported on telephone to SHO, P/S, Akhnoor. SHO, P/S, Akhnoor with other police officials came: on spot and took away the gun, it has also been stated in the complaint that even then Dy. S.P Mushtaq Choudhary also visited the spot and arrested the injures persons. I have also gone through the statement recorded by the Police u/s. 202 Cr.P.C and I have found that despite injury to one Noor Jamal and Suleman, Police has not performed its duty efficiently and appropriately. Although, I have found that a counter FIR has already been registered by Police in this case. Both the grievance of the complainants herein have remained unexplained. Even the I/C during enquiry u/s. 202 Cr.P.C. has admitted the fact that Noor Jamal was injured in the incident. I am sad that a period of more than one year has passed but Police has not till date proceeded against the accused and thus it appears to me that Justice has been denied to the complainant party. Keeping in view the facts and circumstances of the case, SHO, P/S, Akhnoor is directed to register the FIR under relevant provisions of Law and conduct investigation in this regard at the earliest." 6. Bare perusal of contents of FIR, it is evident that complainant has already filed a complaint before JMIC, which was forwarded to police station for lodging FIR in terms of section 156(3) Cr.P.C. on 18.7.2011. But police did not act. Bare perusal of contents of FIR, it is evident that complainant has already filed a complaint before JMIC, which was forwarded to police station for lodging FIR in terms of section 156(3) Cr.P.C. on 18.7.2011. But police did not act. So again an application was filed by complainant on 10.01.2013 for investigation under section 202 Cr.P.C. On this application, again order dated 4.2.2013 was passed by JMIC Akhnoor for lodging FIR. On this direction impugned FIR No. 39/2013, dated 23.02.2013 registered at Police Station Akhnoor under Section 447/323/147/148/RPC read with Sections 3/25 & 4/25 Arms Act has been lodged against petitioners herein. 7. The contents of original complaint, clearly reveal that a cognizable offences against the alleged accused have been made out which require an investigation by police officers under Section 156 of the Code of criminal procedure. 8. The ground taken that already an application/complaint was made before JMIC and JMIC directed to investigate the matter u/s. 156(3) Cr.P.C. so a fresh application under section 202 Cr.P.C. was not maintainable; this argument is not tenable, because bare perusal of order dated 4.2.2013 passed by JMIC Akhnoor, it is evident that although an application has been filed under section 202 Cr.P.C. but JMIC has asked for lodging of FIR as police has already conducted some investigation into the matter; it can be inferred that this order is in continuity to the previous direction dated 18.7.2011. The police are legally bound to register the FIR and start investigation when cognizable case is made out from the facts and circumstances of case. Another ground that petitioners who are serving and had gone to their respective offices were also implicated falsely and frivolously in the said complaint. This ground is not tenable in this petition, because this court while exercising the power under section 561-A Cr.P.C., does not function as investigating agency. Inherent jurisdiction has to be exercised sparingly, careful and with great caution. These powers cannot be used to stifle the legitimate proceeding. This is discretionary power vested in High Court to do substantial justice. High Court cannot examine the evidence as to whether accused were present on spot at the time of occurrence or not. It is exclusively domain of investigation agency. The plea of alibi is a fact, which investigation agency can take care during investigation; petitioners has right to produce any such evidence before investigating agency during investigation. High Court cannot examine the evidence as to whether accused were present on spot at the time of occurrence or not. It is exclusively domain of investigation agency. The plea of alibi is a fact, which investigation agency can take care during investigation; petitioners has right to produce any such evidence before investigating agency during investigation. Purpose of investigation is to discover truthfulness of allegations leveled in complaint or otherwise, so accused as well victim has right to place on record any evidence documentary or oral before investigating officer. In view of above, I do not find any ground to quash FIR No. 39/2013, dated 23.02.2013 registered at Police Station Akhnoor under Section 447/323/147/148/RPC read with Sections 3/25 & 4/25 Arms Act. Hence this petition is dismissed. Interim stay, if any, is vacated. Copy be sent to concerned police station.