SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2021 Supreme(J&K) 478

RAJNESH OSWAL
Nowshad Ahmad Rather – Appellant
Versus
State Through Police Station Kothibagh Sgr. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner(s):Mr. Shafaqat Nazir, Advocate
For the Respondent(s): Ms. Saba Gulzar, Assisting Counsel vice Mr. B.A. Dar, Sr. AAG

Judgment

Rajnesh Oswal, J.-The present petition has been filed by the petitioner for quashing of FIR bearing No. 74/2018 registered with Police Station Kothibagh, Srinagar on 03.08.2018 under Section 353, 506 RPC on the following grounds:

    (a) That the FIR impugned has been registered against the petitioner to punish the petitioner for entering into an argument with respondent No. 2 and then taking to social media and also for approaching His Excellency the Governor of the then State against the erring police official, who harassed and humiliated the petitioner without any fault.

(b) That the alleged occurrence took place on 28.07.2018 but the FIR against the petitioner has been registered on 03.08.2018 and no justification has been given by the concerned Dy. SP in his complaint as to why the FIR has not been lodged on same date and as to why such delay has been crept into the registration of the FIR and as such, it becomes clear that the FIR is the result of afterthought and the FIR, as such, is a result of vengeance and is based on mala fide.

(c) That the petitioner is a gazetted officer working as Dy. Director in the Floriculture Department and there was no occasion or reason ava

    Click Here to Read the rest of this document
    1
    2
    3
    4
    5
    6
    7
    8
    9
    10
    11
    SupremeToday Portrait Ad
    supreme today icon
    logo-black

    An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

    Please visit our Training & Support
    Center or Contact Us for assistance

    qr

    Scan Me!

    India’s Legal research and Law Firm App, Download now!

    For Daily Legal Updates, Join us on :

    whatsapp-icon telegram-icon
    whatsapp-icon Back to top