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 available to the petitioner for obstructing the respondent No. 2 from discharging his lawful duties. The only sin which the petitioner has committed is that the petitioner sought answers from the official on duty/respondent No. 2 as to why the petitioner is being prevented from attending his duties when there is no lawful justification available for the same. It is further stated by the petitioner that he was made to run from pillar to post for the purpose of attending his duties and it is the concerned police officer who is actually guilty of preventing the petitioner from discharging his official duties.

2. Along-with the petition, the petitioner has placed on record the copy of the challan dated 28.07.2018 issued by the respondent No. 2, complaint made by the petitioner to the J&K Grievance Cell, post uploaded on Facebook and also the FIR in question.

3. Response stands filed by the respondents in which it is stated that Police Station Kothibagh, Srinagar received a written docket from Dy.SP Traffic, City South, Srinagar, dated 28.07.2018 that while performing duty at Radio Kashmir Crossing, one Nowshad Ahmad Rather S/o Gh. Hassan R/o Hardu Shiva, Sopore had parked his vehicle Swift bearing registration No. JK05D-0533 in the No Parking Zone. The Dy. SP traffic approached the accused person and advised him to remove his vehicle from No Parking Zone but instead of following the law, the accused person argued, threatened and obstructed him from performing his lawful duties etc. and on receipt of this docket, FIR bearing No.74/2018 under Section 353, 506 RPC was registered and investigation was started. The investigation was closed as challan against the petitioner and charge sheet was produced before the court of Additional Munsiff, Srinagar on 08.11.2018 and the case is under trial.

4. Learned counsel for the petitioner Mr. Shafqat Nazir, has vehemently argued that the FIR has been lodged with malice and just to harass the petitioner as the petitioner had raised his voice against the high-handedness of the respondent No. 2 in social media and also before His Excellency the Governor. During the course of hearing, the Learned Counsel also produced the challan filed against the petitioner sub-judice before Additional Munsiff, Srinagar.

5. On the contrary, Ms. Saba Gulzar, Assisting counsel, appearing vice Mr B. A. Dar, Sr. AAG has vehemently argued that as the challan stands filed, the present petition is not maintainable and the FIR was not actuated with malice.

6. Heard and perused the record.

7. Before appreciating the rival contention of the parties, it would be appropriate to have the brief resume of the averments made by the petitioner in his petition.

8. It is stated that the petitioner is working as a Dy. Director in the Department of Floriculture