HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT JAMMU

CRM(M) No. 740/2022

Harsh Chowdhary

..... petitioner (s)

Through :- Mr. Ashok Sharma Advocate.

V/s

UT of Jammu and Kashmir and others

.....Respondent(s)

Through :-

Coram: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE

ORDER(ORAL)

1

The petitioner has challenged FIR No. 166 of 2021 for offences

under Sections 307/323/34 IPC and 4/25 Arms Act registered with Police

Station, R.S.Pura, Jammu.

2

As per the impugned FIR, respondent No.3 lodged a report with

the police alleging therein that, on 15.08.2021, while his uncle Ram Lal was

working in his field, at about 6.30 pm, one Bulla S/o Jagar Ram and three

unknown persons attacked his uncle with Tokas and Lathies with a view to

commit his murder. It was also submitted that due to hue and cry, some persons

came on spot and they rescued his uncle. It was further reported that due to the

said attack, the uncle of the complainant i.e respondent No.4 received serious

injuries and he was referred to GMC Jammu where he is stated to be lying

unconscious.

3

The petitioner has challenged the impugned FIR on the ground

that he has been falsely implicated in the impugned FIR as there is a land

dispute going on between the petitioner and the complainant party. It has been

2

further submitted that as per the statement of the injured recorded under

Section 164 Cr.PC, the petitioner has no link with the alleged occurrence. It is

further contended that regarding the same occurrence, FIR No. 200 of 2021 for

offences under 447/427/323/506/147 IPC and 4/25 Arms Act stands registered

with Police Station R.S.Pura, Jammu and the said FIR has been lodged by one

Ravinder Singh against the private respondents.

4

I have heard learned counsel for the petitioner and perused the

record.

5

A bare perusal of the contents of impugned FIR would reveal that

there are specific allegations against one Bulla and three unknown persons that

they launched an attack upon respondent No.4 and, at the relevant time, they

were armed with Tokas and Lathies. It is also averred in the impugned FIR

that, as a result of this attack, respondent No.4 received serious injuries and he

had to be shifted to GMC Jammu.

6

The petitioner has placed on record a copy of statement of injured

recorded under Section 164 Cr.PC. In his statement, he has clearly implicated

Bulla, Kaku, Balwant, Harsh and Shanti and has stated that these persons

launched an attack upon him. He has further stated that Balwant and Bulla

were armed with Tokas, where as the petitioner (Harsh) was armed with an

iron rod. He went on to state that Balwant and Bulla attacked him with Tokas

on his right leg and arm, whereas the other accused gave a beating to other

parts of his body.

7

Learned counsel, appearing for the petitioner has submitted that as

per the medical report of the injured, the injuries, which have been received by

the injured, are stated to have been caused by a sharp edged weapon, but the

3

petitioner, as per the statement of the injured, was carrying an iron rod which is

not a sharp edged weapon. Thus, according to learned counsel for the

petitioner, no case is made out against the petitioner.

8

I am afraid, the contention raised by learned counsel for the

petitioner is without any merit, for the reason that the injured has clearly stated

that, not only was he attacked with sharp edged weapons, but he was also

attacked with iron rods by the petitioner and his associates which resulted in

injuries to him all over his body. The injured may have received injuries with a

sharp edged weapon on his right leg and arm, but that does not mean that the

petitioner was not involved in the alleged crime, particularly when the injured

has specifically nominated him in his statement recorded under Section 164

Cr.PC. Even otherwise, this Court in the procee