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RAJNESH OSWAL
Yunius Hussain – Appellant
Versus
UT of J&K Thr. Station House Officer (SHO) Police Station Vijaypur Distt. Samba – Respondent
JUDGEMENT
1. The petitioner has filed the instant petition under Section 482 Cr.P.C for quashing the FIR No. 0196, dated 08.12.2021 to the extent of his implication as accused, registered with the Police Station, Vijaypur under Sections 354, 323, 147, 506 IPC, at the instance of respondent No. 2.
2. It is urged by the petitioner that a civil suit titled, "Salim Khan and other vs. Rafiq Ahmed and others" has been filed by the brothers of the petitioner against the respondent No. 2 and her family members for seeking their shares in the joint property, which is pending disposal before the court of learned Munsiff, Samba and with an ulterior motive in order to settle the score with the petitioner, the respondent No. 2 has falsely implicated the petitioner.
3. The respondent No. 1 has filed the status report, stating therein that on 08.12.2021, the complainant/respondent No. 2 came to the Police Station in an injured condition with Seema Bibi and Mohd. Ashfiq and submitted an application written in Urdu against Nazir Hussain, Majid Hussain both the sons of Mushtaq Ahmad, Nazarian Bibi W/o Majid Hussain, Suriya Bibi W/o Mushtaq Ahmad, Ajaz Ahmad alias Ajju S/o Majid Hussain and Sonia D/o Ma
The court can quash FIRs that are frivolous or motivated by ulterior motives, especially when the accused is not named in initial complaints.
Inherent power given to High Court under Section 482 CrPC is with purpose and object of advancement of justice.
The court emphasized the necessity of adequate evidence linking the accused to the alleged crimes, dismissing the revisional application while allowing conditional anticipatory bail due to apparent m....
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