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HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT JAMMU

Uploaded on: 30.12.2025

CRM(M) No. 670/2024

Kewal Krishan and others …..Appellant(s)/Petitioner(s)

Through: Mr. Nakul Sharma, Adv.

vs

U. T. of J&K and another .…. Respondent(s)

Through: Mr. Pawan Dev Singh, Dy.AG for No. 1

Mr. Rohan Kedar Sharma, Adv. for No. 2

Coram: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE

ORDER (ORAL)

26.12.2025

1. The instant petition has been filed by the petitioners for quashing of FIR

No. 83/2024 dated 12.08.2024, registered at Police Station, Miran Sahib,

Jammu for the commission of offences under Sections 333, 191, 351 of the

BNS and 4/25 of the Arms Act at the instance of respondent No. 2.

2. It is averred by the petitioners that on 09.08.2024 at about 3.30 PM when

petitioner No. 7 entered a temple situated near his house, respondent No. 2,

who was armed with a sharp-edged weapon, began abusing him. Thereafter,

he attacked petitioner No. 7, however, he managed to save himself. When

he tried to escape from the spot, respondent No. 2 along with two other

persons i.e. his father and wife caught hold of him and assaulted with fists

and blows, thereby causing injuries to petitioner No. 7.

3. The petitioner No. 7 was subsequently shifted to CHC, R. S. Pura, where

MLC case was registered. A complaint was lodged before respondent No. 1

against respondent No. 2 and the other assailants, however, no action was

taken. Thereafter, petitioner No. 7 approached the Senior Superintendent of

Police, Jammu, by way of a written complaint.

4. The quashing of the FIR is sought on the ground that imaginary story has

been cooked by respondent No. 2 just to harass the petitioners, which is

substantiated by the fact that no injury was caused to respondent No. 2. In

essence, the contention of the petitioners is that no such occurrence, as

alleged by respondent No. 2, ever took place. On the contrary, it was

respondent No. 2, along with his father and wife, who attacked petitioner

No. 7 in the manner detailed hereinabove.

5. Respondent No. 1 has filed the response stating therein that on 09.08.2024,

an application was submitted by Smt. Suresh Kumari Sharma W/o. Sh.

Kedar Nath Sharma. During the enquiry conducted on the said application,

statement of witness, namely, Rohan Kedar Sharma S/o. Kedar Nath

Sharma, respondent No. 2 herein, was recorded, wherein he stated that one

of his clients, namely, Sunil Sharma, had lodged a complaint with Police

Station, Miran Sahib. He had drafted the complaint for the said client. At

around 3.30 p.m., he received phone call from the said client, who told him

that one Ankush Raina S/o Darshan Lal came to their temple and threatened

him to withdraw the complaint lodged at Police Station, Miran Sahib.

Thereupon, respondent No. 2 came out of the home and from lawn asked

Ankush Raina not to harass his client and also advised his client to lodge a

complaint against Ankush Raina at Police Station, Miran Sahib. Thereafter,

Mr. Ankush Raina started abusing him in rage and anger before leaving the

spot. At about 4.00 PM, when respondent No. 2 was working in his

CRM(M) No. 670/2024 2 | P age

chambers, the said Ankush Raina along with others, entered his chamber.

Mr. Ankush Raina was carrying khokri in his hand and others were carrying

sticks and hockey sticks in their hands. To save himself, respondent No. 2

started moving towards his room and when he was moving towards his

room, Ankush Raina threatened to kill him.

6. On receipt of this information, FIR No. 83/2024 for offences under sections

191, 351, 333, 79 and 238 BNS and 4/25 Arms Act was registered with

Police Station, Miran Sahib. It is further stated that during investigation,

abovementioned offences have been proved against Mr. Ankush Raina,

petitioner No. 7 herein, whereas offences under sections 351, 333 and 79 of

the BNS have been proved against other accused.

7. Respondent No. 2 has also filed the response opposing the petition at hand.

8. Learned counsel for the petitioners has vehemently argued that a false and

frivol