HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT JAMMU

CRM(M) No. 493/2021

CrlM No. 1606/2021

Reserved on: 26.04.2022

Pronounced on: 04.07.2022

Sunny Gupta age 37 years S/O Sh. Narayan Ditta

R/O Vasuki Vihar Bhaderwah District Doda.

Petitioner(s)

Through:- Mr. Sunil Sethi, Sr. Advocate with

Mr. Lawanya Sharma, Advocate.

Versus

1. Union Territory of J&K through Principal Secretary,

Home Department Civil Secretariat Jammu;

2. Inspector General of Police Jammu Zone Jammu;

3. Station House Officer/Incharge Police Station Dachhan. Respondent(s)

Through:- Mr. Suneel Malhotra, GA.

Coram: HON’BLE MR. JUSTICE MOHNA LAL, JUDGE

J U D G M E N T

04 — 07 — 2022

1. Petitioner has invoked the jurisdiction of this Court in terms of Section 482

of Code of Criminal Procedure with the prayer for calling the record of

Criminal Challan/FIR No. 25-Sessions titled State of J&K Vs. Bashir

Ahmed and ors. from the Court of 3^rd Additional Sessions Judge Jammu

(Special Judge u/ss22 of NIA Act) and for expunging the adverse remarks,

observations and directions made by the Ld. Judge in order dated

02.06.2021 against the petitioner at page No. 15, 16 & 17 of the order dated

02-06-2021 and for quashing/setting aside the impugned adverse remarks

and observations made against the petitioner on the following grounds:-

(i) that the petitioner is a citizen of India and permanent resident of

UT of Jammu and Kashmir and fully entitled to invoke the

inherent criminal jurisdiction of this Court for protection of his

fundamental rights guaranteed to him under the Constitution of

India, and is aggrieved of the order dated 02.06.2012 passed by

the Court of Ld. 3^rd Additional Sessions Judge Jammu in criminal

challan/file No. 25/Sessions titled State through SHO P/S Dachhan

Vs. Bashir Ahmed and others arising out of FIR No. 01/2020

registered with Police Station Dachhan Kishtwar for offences u/ss

13/18/19/38/39 of Unlawful Activities Prevention Act r/w

offences u/ss 3/25 & 7/25 Arms Acts, whereby, Ld. Trial Court

while adjudicating the issue of framing of charges against the

accused

persons,

passed

certain

uncalled

for

strictures,

observations and directions against the petitioner who was the

Sr. No. 7

2 CRM(M) No. 493/2021

Investigating Officer (I/O) in the said FIR No. 01/2020, the

impugned observations are aimed at causing grave and serious

prejudice to the service career and rights of the petitioner;

(ii) that the petitioner is a direct recruit in J&K Police and has been

appointed to the post of Dy. Superintendent of Police and was

posted as Dy. Superintendent of Police (HQ) Kishtwar, and while

serving as Dy. SP (HQ) Kishtwar, the petitioner was assigned the

investigations in case FIR No. 268 of 2019 of Police Station

Kishtwar for offences u/ss 13/18/19/20/38/39 of Unlawful

Activities Prevention Act r/w Sections 3/25, 7/25 & 7/27 of Arms

Act and case FIR No. 01/2020 registered with Police Station

Dachhan Kishtwar for offences u/ss 13/18/19/38/39 of Unlawful

Activities Prevention Act r/w sections 3/25 & 7/25 Arms Acts;

(iii) that in case FIR No. 268/2019 of Police Station Kishtwar, an

information was received on 02.12.2019 from reliable source that

a militant namely Tariq Hussain S/o Mohd. Amin Wani R/o

Sounder Dachhan had joined a band militant organization and had

made a hideout near Ikhala Forest where he has kept arms and

ammunition with the intention to disrupt the peaceful environment

of Kishtwar and to secede the Union Territory of J&K from India,

the accused persons always remained in lurk to attack the integrity

and threatening the sovereignty of the Natio