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2023 Supreme(J&K) 24

M. A. CHOWDHARY
Rahul Kumar – Appellant
Versus
UT of J&K – Respondent


Advocates Appeared:
For the Petitioners: Karan Sharma.
For the Respondents: Pawan Dev Singh, Sahil Bhardwaj.

JUDGMENT :

1. Petitioners have invoked the jurisdiction of this court under the provisions of section 482 of the Code of Criminal Procedure for quashing the order dated 01.04.2021 (for short 'impugned order') passed by Learned Judicial Magistrate 1st Addl. Munsiff (Forest Magistrate), Jammu in a complaint filed by respondent No.2 u/s 156(3) of Cr.P.C, whereby, Learned Magistrate directed respondent No.1 (SHO Police Station Kanachak, Jammu) to register case against the petitioners for alleged commission of offences punishable u/ss 304-B, 498-A, 306, 147, 109, 201 & 120-B of IPC, who registered the case vide FIR No. 0054/2021 (for short 'impugned FIR') .

2. Petitioners/accused pleaded following facts:-

    a) The petitioner No. l is the husband of deceased Renu Bala, petitioner No.2 is the mother of petitioner no. 1 and petitioner Nos.3 to 5 are the sisters of petitioner No.l, who are married, have never involved themselves with the commission of any offence as stated in impugned FIR No. 0054/2021. The deceased namely Renu Bala died on 04-10-2020 due to electrocution while cooking, at the time of unfortunate incident, only petitioner no.2 was present in the house, who is 57 years old lady,

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