The court may stay the presentation of a final report in a criminal case to prevent irreparable harm to a party's reputation while considering the merits of the case.

ORDER :

1. Issue notice to the respondents in the main petition as well as in the interim application for filing response/objections, if any, returnable within a period of four weeks. Steps for service to be taken within a period of two weeks.

2. Notice against respondent No. 2 for service through registered post shall be entrusted to the respondent No. 1 for execution and report.

3. Heard learned counsel for the petitioner, who submitted that the FIR No. 290/2023 registered with Police Station, Nagrota, Jammu and the preceding order dated 11.07.2023 of the learned Judicial Magistrate (Passenger Tax Court) Jammu, sought to be quashed stand registered/passed respectively on the basis of a false and fictitious complaint made by the respondent No. 2, under concealment of facts.

4. It is submitted that a civil litigation is going on between the petitioner and the respondent No. 2 in respect of the subject matter of the dispute i.e. land measuring 14 Kanals falling under survey Nos. 163 and 164 situated at revenue estate Sidhra, Jammu. It is also alleged that a Housing Cooperative Society purchased the aforementioned quantum of land through sale deeds and agreements from the attorney holder of the father of the respondent No. 2 and the petitioner has been illegally involved in the criminal case as being the Chief Executive Officer of the Society. It is also submitted that earlier a petition bearing No. 612/2023 under Section 482 of the Code of Criminal Procedure came to be filed by the petitioner which was subsequently withdrawn by him vide order dated 29.05.2024 upon knowing that the FIR which was sought to be not registered in that petition, had been already registered. That this Court granted liberty to the petitioner while withdrawing the said petition to file a fresh petition, if and when needed, with a further direction to the respondent No. 1 that he should not present the final report in the FIR in question without the orders of the Court within a period of one week.

5. Learned counsel for the petitioner submitted that the petitioner shall suffer a great irreparable loss in terms of his reputation and adverse consequences on account of the criminal case against him, if the investigation in the same is not stayed. Learned counsel further submitted that the petitioner having a prima facie case is sure to succeed in the main petition which has been filed with a prayer for quashment of the FIR in question.

6. List on 31.08.2024 .

7. In the meantime, subject to any vacation or modification upon consideration of the objections/arguments of the other side, presentation of final report (challan), if any, warranted in the case, is stayed till next date of hearing before the Bench.