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2022 DIGILAW 470 (JK)

Sushil Kumar v. Union Territory of Jammu And Kashmir

2022-09-06

RAHUL BHARTI

body2022
JUDGMENT 1. Two FIRs with the Police Station R. S. Pura expose themselves to cancel each other and for doing that this Court is resorting to its inherent powers vested and held under Section 482 of the Code of Civil Procedure, 1973. 2. Though in the petition the jurisdiction under article 226 of the Constitution of India is invoked for quashment of FIR no. 174/2020 dated 17.08.2020 for offences under Section 436/336/427/147/148/149 IPC but this Court is dealing with the matter in exercise of its jurisdiction under section 482 Cr. P.C. 1973 as this Court is inclined to quash FIR no. 174/2020 read with FIR no. 173/2020 instead of referring the same for an investigation by constitution of a special investigation team of high ranking officials for which purpose the petitioners chose to invoke jurisdiction under article 226 of the Constitution of India rather than section 482 Cr. P.C., 1973. 3. The petitioners also are relatable to FIR no. 174/2020 are all residents of village Chakroi, tehsil Suchetgarh, district Jammu. The respondent no. 5 is also resident of very same village. The petitioners on one hand and the respondent no. 5 are placed as opponents in the political affairs of the area in particular village Chakroi. 4. It is alleged that on an episode of hosting of National Flag on the Independence Day (15th August) of 2020 by the petitioners in separation from the function organized by the respondent no. 5, an ill will came to brew between two factions and that first led to the petitioner no. 1 registering FIR no. 173/2020 on 17.08.2020 with the Police Station R. S. Pura, Jammu for commission of offences under sections 341/323/506/34 IPC. 5. On the very same day of 17.08.2020, an FIR no. 174/2020 came to be registered at 21.30 hrs in which five named persons and one unknown came to be named for offences under sections 436/336/427/147/148/149 IPC. Five persons so named included the petitioner nos. 2 to 5. 6. FIR no. 174/2020 came to be registered on the basis of a docket sent by the Incharge Police Post Chakroi, ASI Tirath Ram saying that a group of 60/70 persons armed with lathis indulged in storming in the premises of the Police Post Chakroi breaking window glasses and putting on fire a motor cycle. In the report so sent in writing by ASI Tirath Ram, names of the petitioner nos. In the report so sent in writing by ASI Tirath Ram, names of the petitioner nos. 2 to 4 were expressly mentioned being in the company of 60/70 persons. This information from the ASI Tirath Ram led to registration of FIR no. 174/2020. In said FIR, reference to the respondent no. 5 was not at all whispered whereas on next day i.e. 18.08.2020 when the ASI Tirath ram was examined, as is revealed from the case diary examined by this Court, he ropes in the respondent no. 1 along with respondent nos. 2 to 4 and further refers to the respondent no. 5 against whom said 60/70 persons were shouting slogans in the Police Post on and at the day and time of alleged incident. 7. On the other hand, the respondent no. 1 had lodged FIR no. 0173 dated 17.08.2020 registered with Police Station R. S. Pura, Jammu for offences under sections 341/323/506/34 IPC naming the respondent no. 5 as first of two named accused and others unnamed. This FIR was registered on the basis of report being first made to the same very Police Post Chakroi headed by same very Incharge ASI Tirath Ram. This report by the respondent no. 1 to register the FIR against the respondent no. 5 was diarized at 20.50 hrs on 17.08.2020 before getting reduced as FIR no. 0173 of 2020 whereas the information on the basis of which FIR no. 174 of 2020 was diarized was at 21.30 hrs on 17.08.2020 meaning thereby some quarter an hour before on same day the respondent no. 1 had registered his complaint whereas the alleged incident as reported in terms of FIR no. 0174 of 2020 had taken place almost simultaneously and that is why the name of the respondent no. 1 was missing from being mentioned alongwith respondent nos. 2 to 5 in the registration of FIR no. 0174/2020. 8. This was on next date i.e. on 18.08.2020 as an outcome of an afterthought on the part of the Incharge Police Post Chakroi ASI Tirath Ram and the Investigation Officer conducting the investigation in FIR no. 0174/2020 that the name of the respondent no. 1 was roped in, to be a coaccused along with the respondent nos. 2 to 4 and the only motive on the part of the police concerned was to subject the respondent no. 0174/2020 that the name of the respondent no. 1 was roped in, to be a coaccused along with the respondent nos. 2 to 4 and the only motive on the part of the police concerned was to subject the respondent no. 1 to pressure and harassment so as to frustrate and undermine his FIR no. 0173/2020 against the respondent no. 5. Thus the very script of FIR no. 0174/2020 renders itself very fishy in nature more particularly when seen from the view point that FIR no. 0174/2020 was got registered by none else than ASI Tirath Ram, the Incharge Police Post Chakroi alleging therein that the respondent nos. 2 to 4 along with a crowd of 60/70 persons had come to force entry in the Police Post and indulge in breaking of windowpanes by throw of stones and sticks and torching a motorcycle. Now while reporting this alleged incident for getting registered as FIR no. 0174/2020, ASI Tirath Ram had not whispered anything about the fact that said alleged crowd was shouting slogans against the respondent no. 5 whereas on his very next day examination by the IO, as diarized in the case diary, it gets mentioned that the alleged crowd headed by the respondent no. 1 was raising slogans against the respondent no. 5 while entering the Police Post Chakroi at about 9.15 to 9.30 p.m. on 17.08.2020. This fact meant that the registration of FIR no. 0173/2020 made by the respondent no. 1 does point out that the visit of the respondent no. 1 to the Police Post Chakroi had taken place first to complain against the respondent no. 5, then where was the situation for the respondent no. 1 along with respondent nos. 2 to 5 and so called crowd of 60/70 persons to come to the Police Post Chakroi to first lodge his FIR no. 173/2020 at about 20.50 hours and before that to indulge in so called window breaking and motorcycle burning in the same very Police Post. Be that as it may be, the only fact that is for sure in the case is that ASI Tirath Ram, the Incharge Police Post Chakroi was not coming with true disclosure with the facts and that undermines the very registration of FIR no. 0174/2020 at first instance against the respondent nos. 2 to 5 and then getting the respondent no. 0174/2020 at first instance against the respondent nos. 2 to 5 and then getting the respondent no. 1 implicated therein with addition of offence under section 436 IPC in addition to original offences mentioned under sections 435/336/427/147/148/149 IPC. Thus with an intent to fix and frame the respondent nos. 1 to 5 in a case as a counter to FIR no. 0173/2020 that FIR no. 0174/2020's genesis got scripted for the reasons which are very obvious being more local politics related rather than anything else. The most surprising aspect is that while mention of 60/70 persons' crowd along with the respondent nos. 1 to 5 was made in FIR no. 0174/2020 but the result of investigation in which a challan has come to be almost ready on record not even a single person out of crowd of said 60/70 persons has been identified to be named as co-accused along with the respondent nos. 1 to 5. If one has to go by the Police's words, then said crowd of 60/70 persons led by the respondent nos. 1 to 5 vanished in thin air to be over known to the Police even by its so-called investigation. Thus the entire case by reference to FIR no. 0174/2020 is exposed to be a one just to frame the respondent no. 1 so as to dislodge his FIR no. 0173/2020 against the respondent no. 5, whose the then political standing was too heavy for the ASI Tirath Ram to resist the feel of pressure so as to counter the registration of FIR no. 0173/2020. 9. During the course of hearing of this matter, the learned counsel for the respondent no. 5 and also the learned counsel for the petitioners endorsed the fact that the two sides in the course of time patched their political differences so as to create social harmony in the area and as such even the respondent no. 1 is willing to withdraw his FIR no. 0173/2020. 10. In view of the aforesaid facts and circumstances of the case both FIR nos. 0173/2020 and 0174/2020 dated 17.08.2020 of the Police Station, R. S. Pura are quashed by this Court in exercise of its jurisdiction under section 482 Cr. P.C., 1973. 11. Disposed of accordingly. 12. A copy of this order be sent to SHO Police Station, R. S. Pura for being taken on record of said two FIRs and consequent compliance. 0173/2020 and 0174/2020 dated 17.08.2020 of the Police Station, R. S. Pura are quashed by this Court in exercise of its jurisdiction under section 482 Cr. P.C., 1973. 11. Disposed of accordingly. 12. A copy of this order be sent to SHO Police Station, R. S. Pura for being taken on record of said two FIRs and consequent compliance. Record produced by the SHO Police Station, R. S. Pura with respect to two FIRs be also returned.