JUDGMENT :

Ali Mohd. Magrey, J.

1. These petitions under Section 561-A Cr. P. C., have been filed by the respective petitioner(s) seeking quashment of FIR(s) registered against them at different Police Stations.

2. The brief facts of each of the connected cases are as follows:

561-A No. 239/16

The petitioners have been booked by police station Shaheedgunj Srinagar on an accusation of having committed offences punishable under sections 341, 354, 323 & 34 RPC in terms of FIR No. 37 of 2016. It is stated that petitioners are innocent and have been falsely implicated in vengeance at the instance of respondent No. 2, who is stated to be the son of the petitioner No. 1 and brother of petitioner No. 2. It is stated that the facts of the case, as reflected in complaint and reproduced in the FIR, are consistent with the innocence of the petitioners as the complainant/respondent No. 2 has also failed to produce any independent witness before the Investigating Officer.

The perusal of the grounds raised in the petition with reference to seeking quashment of the FIR is nothing, but a sheer repetition of what has been stated hereinabove, i.e. the complaint does not disclose the commission of offences as reflected in the complaint.

On the strength of allegations made in the complaint supported by the statement of the complainant and the witness, the learned Magistrate has, prima facie, reached to a conclusion that the commission of offence is made out, therefore, while following the procedure, has taken cognizance of the complaint and issued the process. Law on the subject is no more res integra that mere cognizance of the complaint and the issuance of the process does not curtail any of the rights of the accused who is treated to be accused till his guilt is proved.

Learned counsel for the petitioners could not convince the Court with reference to the abuse of process of law made by the learned Magistrate while taking cognizance and issuing process, which could form a ground for interfering with the matter in exercise of powers conferred by Section 561-A.

561-A No. 180/2017;

In the instant petition, the petitioners seek quashment of FIR No. 78/2017 registered in Police Station, Kulgam under Sections 452, 392, 506 RPC on the complaint of the respondent No. 2. The petitioners, as stated, submit that they have been falsely implicated in vengeance at the instance of the respondent No. 2 and the complaint does not make out a case for the commission of the offences as reflected in the complaint.

The perusal of the grounds raised in the petition with reference to seeking quashment of the FIR is nothing, but a sheer repetition of what has been stated hereinabove, i.e. the complaint does not disclose the commission of offences as reflected in the complaint.

On the strength of allegations made in the complaint supported by the statement of the complainant and the witness, the learned Magistrate has, prima facie, reached to a conclusion that the commission of offence is made out, therefore, while following the procedure, has taken cognizance of the complaint and issued the process. Law on the subject is no more res integra that mere cognizance of the complaint and the issuance of the process does not curtail any of the rights of the accused who is treated to be accused till his guilt is proved.

Learned counsel for the petitioners could not convince the Court with reference to the abuse of process of law made by the learned Magistrate while taking cognizance and issuing process, which could form a ground for interfering with the matter in exercise of powers conferred by Section 561-A.

561-A No. 179/2017;

Through the medium of instant petition, the petitioners seek quashment of FIR bearing No. 96/2017 registered in Police Station, Kulgam under Sections 451, 392, 341 & 506 RPC. According to the petitioners, the relations in between the complainants and the petitioners is stranded and marooned due to some property dispute and that they have been falsely implicated in th