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2022 Supreme(Online)(J&K) 2

JAMMU & KASHMIR HIGH COURT
Rajesh Bindal, CJ
Sushil Pandit v. State of J and K and Another


Advocates:
For the Appellants/Petitioners: Mr. Ankur Sharma
For the Respondents: Mr. Malhotra

Table of Content
1. clarification of facts related to the fir and the petitioner's actions. (Para 1 , 2 , 3 , 4 , 5)
2. arguments surrounding the validity of the fir under s.505 rpc. (Para 6 , 7 , 8 , 9)
3. legal interpretations regarding mens rea and good faith as defences. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17)
4. conclusion on the abuse of legal process. (Para 18)
5. final ruling on the petition. (Para 19)

1. This petition has been filed by the petitioner under S.561 - A Cr.P.C.(now 482) for quashing FIR bearing No. 49/2018 dated 21.05.2018 for commission of offence under S.505 ,RPC registered with Police Station, Pampore, Kashmir.

2. It is stated that the petitioner has been teaching as an adjunct faculty at Indian Institute of Mass Communication at New Delhi for the last twenty years and is a respected member of the society, having clean record and antecedents. It is further stated that the petitioner is an alumnus of the University of Delhi and Jawahar Lal Nehru University and is often invited by numerous universities and colleges, across India for lectures on the history of Kashmir and comments on the current political affairs of India in general and the State of Jammu and Ka



























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