IN THE HIGH COURT OF JAMMU AND KASHMIR

AT SRINAGAR

Before Notice

Sr. No.103

CRM (M) 117/2021, CrlM (330/2021)

Parvez Ahmad Tota

….Petitioner(s)

Through

Mr. Faisal Javed, Adv.

V/S

Union Territory of J&K and ors.

…. Respondent(s)

Through

CORAM:

Hon’ble Mr. Justice Ali Mohammad Magrey, Judge

ORDER

12.05.2021

Petitioner in the instant petition has prayed for the following relief:

<Allow the petition and set aside/quash cancel the FIR No.70/2020, under

section 420 & 506 IPC. Same shall be in the supreme interest of justice.=

The challenge to the FIR is mostly on the ground that the incident which is

detailed out in the complaint is shown of the year 2016 qua transaction of sale of

land and for further follow up of the sale property. The complainant has alleged

harassment/threat to life to the petitioner of an event of 2016 which as stated is

belated, even if considered for registration of case.

Learned counsel for the petitioner submits that there is no scope in registration

of case qua property transaction solely based on the documentation, as claimed by

the complainant about purchase of land for the amount detailed out in the complaint

and the said allegation does not make out a case for commission of offence under

section 420, 506 IPC. Therefore, the complaint being both belated and not disclosing

any commission of offence, therefore deserves to be quashed and the proceedings

under section 482 CrPC 1973 dropped.

In the instant case, keeping in view the allegations contained in the FIR, it

can by no stretch of imagination be said that the case of petitioner falls within the

ambit/contours of section 561-A Cr.PC as enumerated above.

The Apex Court in the cases reported AIR 1960 SC 866, AIR 1964 SC 01, AIR

1972 SC 484, AIR 1974 SC 1146, AIR 1977 SC 1489, AIR 1977 SC 2229, AIR 1980 SC

326, AIR 1989 SC 01, AIR 1990 SC 494, AIR 1991 SC 1260, AIR 1992 SC 064, AIR 1992

SC 892, AIR 1996 SC 309, AIR 1996 SC 2983, AIR 1999 SC 3596, AIR 1999 SC 1044,

AIR 1999 SC 1216, AIR 2002 SC 671, AIR 2004 SC 3967, AIR 2005 SC 3212, SLJ 2005

VOL-I 118, 2008 AIR SCW 1003, 2008 AIR SCW 1993, 2008 AIR SCW 1998, 2008 AIR

SCW 4614, 2008 AIR SCW 7680, 2008 AIR SCW 2778, AIR 2010 SC 201 has discussed

the scope of Section 561-A Cr.PC corresponding to Section 482 Cr.PC of Central

Code and has laid down the following tests:

< a. Where the allegations made in the first information report or

the complaint even if are taken at their face value and accepted in their

entirety do not prima facie constitute any offence or make out a case

against the accused.

b. Where the allegations in the first information report and other

materials, if any, accompanying the FIR do not disclose a cognizable

offence, justifying an investigation by police officers under Section 156(1)

of the Code except under an order of a Magistrate within the purview of

Section 155(2) of the Code.

c. Where the uncontroverted allegations made in the FIR or

complaint and the evidence collected in support of the same do not

disclose the commission of any offence and make out a case against the

accused.

d. Where, the allegations in the FIR do not constitute a cognizable

offence but constitute only a non-cognizable offence, no investigation is

permitted by a police officer without an order of Magistrate as

contemplated under Section 155(2) of the Code.

e. Where the allegations made in the FIR or complaint are so absurd

and inherently improbable on the basis of which no prudent person can

ever reach a just conclusion that there is sufficient ground for proceeding

against the accused.

f. Where there is an express legal bar engrafted in any of the

provisions of the Code or the concerned Act (under which a criminal

proceeding is instituted) to the institution and continuance of the

proceedings and/or where there is a specific provision in the Code or the

concerned Act, providing effic