Advocates:
['F A WANI', '', 'IMRAN ASHRAF', 'MIR MAJID BASHIR', '', 'MR/ Q R SHAMAS']

IN THE HIGH COURT OF JAMMU AND KASHMIR

AT SRINAGAR

Reserved on: 13.06.2021

Pronounced on: 15.07.2021

CRMC No.11/2018

CrlM No.419/2019 & IA No.1/2018

Ghulam Qadir Bhat and others

…PETITIONER(S)

Through: Mr. F.A.Wani, Advocate

Vs.

State of J&K and another

….RESPONDENT(S)

Through: Mr. Mir Suhail, AAG for R-1

Mr. Mir Majid Bashir, Advocate for R-2

CORAM:HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE

JUDGMENT

1)

The petitioners, four in number i.e. father and his three sons,

have jointly filed this petition under Section 561-A Cr.P.C. seeking

quashment of FIR No.06/2018 under Sections 406, 420, 120-B and

506 (ii) RPC registered in Police Station Magam primarily on the

ground that while the learned Judicial Magistrate 1^st Class (Sub-

Judge), Pattan [<the Trial Magistrate=] had taken cognizance and was

seized of the complaint filed by respondent No.2, the police of Police

Station, Magam was not competent to register an FIR on the same

facts and set in motion the investigation.

2 CRMC No.11/2018

2)

With a view to appreciating the grounds taken by the petitioners

to challenge the registration of impu