The main legal point established is that the inherent power of the Court under Section 561-A should be exercised sparingly and not used to interfere with ongoing investigations prematurely.

1. Petitioner has invoked the jurisdiction of this Court by the medium of this petition under Section 561-A Code of Criminal Procedure (for short Cr.P.C) seeking quashment of the F.I.R no. 102 of 2010 Police Station Hira Nagar under Sections 13 of Prevention of unlawful Activities Act (for short Act), 121, 120-B and 124-A of Ranbir Penal Code (for short R.P.C) on the grounds taken in the memo of the petition.

2. It is averred that the petitioner came to be detained in terms of detention order No. DMS/PSA/20/2010 dated 7th of July’ 2010 passed by the District Magistrate, Srinagar and lodged at Sub Jail, Hira Nagar, challenged the same by the medium of writ petition, was revoked, rendering the writ petition infructuous and dismissed as such. During the pendency of the said writ petition, respondent no. 2 managed and manipulated filing of a false and frivolous F.I.R (subject matter of the petition) against the petitioner on unfounded and baseless grounds. The F.I.R is aimed at to cause harassment and involve the petitioner in illegal and malicious prosecution, it is outcome of ulterior motives, extraneous malafide consideration and to ensure the custody of the petitioner on flimsy grounds. F.I.R can be lodged for alleged commission of offence only on the complaint by District Magistrate-Deputy Commissioner, thus, came to be lodged without the jurisdiction and competence. Quashment of F.I.R is sought not only to avoid mis-carriage of justice, but also to prevent the abuse of process of law and to secure the ends of justice.

3. Respondents have filed the reply and resisted the petition on the grounds taken in it.

4. The main ground taken by the respondents is that the investigation of the case is at its infancy and as such the F.I.R cannot be quashed at this stage, if quashed, same would amount to interference with investigation.

5. In terms of said F.I.R, allegations against the petitioner are that while meeting the visitors in jail, he incited and instigated them and detenues to raise voice against the Government of Jammu and Kashmir and Government of India in order to carry on the present turmoil in the State, so that the sovereignty, integrity and peace of the State is disturbed. He also instigated the public at large in Kashmir Valley to carry on agitation in order to achieve freedom of Jammu and Kashmir from India, as he hatched a criminal conspiracy with detenues, visitors and other persons to carry out his illegal activities, designs and plans.

6. Respondents have specifically denied the malafides, ulterior motives and other grounds taken in the petition.

7. The question is as to whether the F.I.R containing allegations, which set the police in motion, can be quashed at this very thresh-hold stage? The answer is in negative for the following reasons.

It is apt to reproduce Section 561-A Cr.P.C herein:-

"561-A. Saving of inherent power of High Court.

Nothing in this Code shall be deemed to limit or affect the inherent power of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice."

8. This remedy can be invoked/ pressed into service or may be exercised in the following circumstances:-

i) To pass orders in order to give effect to an order passed under Cr.P.C;

ii) to prevent abuse of process of Court;

iii) to otherwise secure the ends of justice; and

iv) to prevent mis-carriage of justice.

9. The Investigating officer has filed the status report which transpires that the investigation is still at it’s threshhold stage. The investigating officer has yet to ascertain the particulars of telephone numbers, the persons who used the telephones and who are the detenues who are also allegedly involved in the commission of offences and he is yet to take the investigation to its logical end.

10. Keeping in view the allegations contained in the F.I.R, by no stretch of imagination it can be said that the case of petitio

Click Here to Read the rest of this document