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2021 Supreme(J&K) 566

SANJAY DHAR
Mohd. Aijaz – Appellant
Versus
Sajad Ahmad Dar – Respondent


Advocates Appeared:
For the Petitioner: Altaf Naik; Zia.
For the Respondent: Mubashir Ahmad; B.A. Dar; Saba Gulzar.

JUDGMENT :

1. Petitioner has challenged order dated 15th of November, 2017, passed by Judicial Magistrate 1st Class, Shopian, whereby a direction has been issued to SHO, P/S Shopian, to register an FIR and investigate the matter in terms of Section 156(3) of Cr.P.C. Petitioner has filed an additional affidavit throwing challenge to FIR No.291/2017 registered with P/S Shopian for offences under Section 341, 323, 379 RPC, that has been registered pursuant to the aforesaid impugned order.

2. Briefly stated, the facts leading to the filing of the instant petition are that on 2nd of November, 2017, the respondent No.1 (complainant) filed an application before the Judicial Magistrate 1st Class, Shopian, alleging therein that on 30th of October, 2017, while he was travelling from Srinagar to Shopian in his personal vehicle, the vehicle of the petitioner herein, who happened to be posted as Deputy Commissioner, Shopian, at the relevant time, was proceeding behind his vehicle and because the complainant was unable to allow the vehicle of the petitioner to proceed ahead on account of traffic jam, the petitioner became furious. It was further averred in the complaint that on reaching near Mini

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