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2022 Supreme(J&K) 416

SANJAY DHAR
Mushtaq Ahmad Daikoo – Appellant
Versus
UT of J&K – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Syed Manzoor
For the Respondents: Sajad Ashraf

JUDGEMENT/ORDER :

1. The petitioner has challenged FIR No. 10 of 2020 for offence under section 353 IPC registered with Police Station, Khanyar, Srinagar.

2. Before coming to the grounds urged in the petition, it would be apt to notice the contents of the impugned FIR.

3. On 02.03.2020, the complainant-Nisar Ahmad Azad, Ward Officer, Srinagar Municipal Corporation, lodged a report with the police alleging therein that the petitioner, by abusing and manhandling, has applied men and machinery to start the construction work without obtaining proper permission from the authorities of SMC. The complainant further urged the police to send a party to the site and disengage the men and machinery forthwith and lodge FIR against the petitioner for non-adherence of directions imparted by the complainant.

4. It has been contended by learned counsel for the petitioner that a bare perusal of the contents of the impugned FIR does not make out any offence against the petitioner. Besides this, it has also been contended that the petitioner and complainant-respondent No. 2 have entered into a compromise, pursuant to which statement of the complainant has also been recorded before Registrar Judicial of t

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