Sajjad Tariq vs State - 2019 Supreme(Online)(J&K) 11

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2019 Supreme(Online)(J&K) 11

JAMMU AND KASHMIR HIGH COURT
, J
Sajjad Tariq – Appellant
Versus
State – Respondent

Table of Content
1. petitioner seeks to quash proceeding due to father's prior death. (Para 1 , 2 , 3)
2. arguments for quashing focus on defamation and lack of credible evidence. (Para 4 , 5 , 6)
3. court explains the limitations on quashing fir and necessity for fact finding at trial. (Para 8 , 9 , 10 , 11 , 12 , 14 , 15)
4. petition dismissed on the grounds that no legal bar exists for proceeding against living accused. (Para 16)

1. Through the instant petition filed under S.561 - A of the Code of Criminal Procedure (hereinafter for short, Cr.P.C.) petitioner seeks quashment of criminal proceedings titled State vs. M. S. Tariq and another, pending against the petitioner in the court of Railway Magistrate, Jammu.

2. The case of the petitioner is that on a written report of one Mohinder Singh a false case was registered in Police Station Bahu Fort, Jammu against the deceased father of the petitioner, namely, Mohd Sharief Tariq and the petitioner herein with the allegations that on 12th November, 2009 at about 10.35 AM, when said complainant Mohinder Singh came to attend his office as a Chairman of J&K Cooperative Bank at Sekhari Bhawan, Bahu Plaza, Railway Road, Jammu, he found a big