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2004 Supreme(J&K) 170

S.K.GUPTA
Naziran Bibi – Appellant
Versus
State – Respondent


Advocates Appeared:
Advocate For Appellant: J.P. Singh
Advocate For Appellant: H.A. Siddiqui
Advocate For Respondent: A.H. Qazi

Through the currency of this petition, the inherent jurisdiction of the Court under Section 561-A of the Code of Criminal Procedure (for short `the Code) has been invoked in seeking quashment of FIR No. 103/2003 for offences under Sections 2/3-A, EPIMCO, 120-B/121,121-A/123-212, RPC, together with the order dated 15.1.2004, by virtue of which charges under the aforesaid provisions have been framed, to the extent it pertains to the petitioners, on the ground that the cognizance taken by the trial court and charges framed, are without jurisdiction and an abuse of process of the court because of the bar created under section 196 Cr.P.C, that no court shall take cognizance of the offence to which the provisions of section 196 of the Code apply, unless upon a compliant made by order of or under authority from (the Government or District Magistrate or such other officer as may be empowered by the Government in this behalf).

2. It appears that first information report came to be registered with Police Station, Poonch, on the basis of communication No. 669/SO dated 26.7.2003. For facility of reference the communication is reproduced as under:-

"OFFICE OF THE DISTRICT MAGISTRATE POONCH.

Statio























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