Serial No.

15

HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT JAMMU

CRM(M) No. 254/2021

c/w
CRM(M) No. 674/2022

Mohinder Lal and others …..Appellant(s)/Petitioner(s)

Through: Mr. Muzaffar Iqbal Khan, Advocate.
vs
UT of J&K and others .…. Respondent(s)
Through: Mr. Aseem Sawhney, Advocate
Mr. Amit Sharma, Advocate.
Investigating Officers (in both cases)
Present in person.

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

ORDER
05.06.2024

CRM(M) No. 254/2021

1. In this petition, the petitioners have impugned FIR No. 56/2021 dated

11.04.2021 registered with Police Station, Nowshera, Rajouri at the

instance of respondent No. 4 for commission of offences under

Sections 307, 341 and 323 IPC. The petitioners have impugned the

FIR on the ground that there was a civil dispute between the parties. In

this FIR, date of occurrence has been shown as of 11.04.2021 and time

of occurrence has been shown to be 08.30 hours to 08.35 hours.

CRM(M) No. 674/2022

2. In this petition the petitioners have impugned the FIR No. 57/2021

dated 11.04.2021 registered with Police Station, Nowshera at the

instance of respondent No. 4 for commission of offences under

 2 CRM(M) No. 254/2021
c/w
CRM(M) No. 674/2022

Sections 452, 382 and 323 IPC. The petitioners have sought quashing

of the FIR on the ground that the same has been lodged by the

respondent No. 4 as a counter blast to the FIR No. 56/2021 dated

11.04.2021. In this FIR, the date of occurrence has shown as

11.04.2021 and time of occurrence has been shown as 08.12 hours to

08.20 hours.

3. The date of occurrence in both the FIRs is same.

4. Status report has also been filed in the petition for quashing the FIR

No. 56/2021, wherein it has been stated that after recording the

statement of injured and obtaining the opinion of the Doctor, offence

under Section 325 IPC was added and accordingly offences under

Sections 307/341, 323, 325, 504, 506 and 34 IPC were proved against

the accused persons, namely, Mohinder Lal, Sheetal Choudhary and

Dheeraj Gangal.

5. Status report has been filed in the petition for quashing the FIR No.

57/2021, wherein it has been stated that no offence could be proved

against Vishav Lata @ Vishav Bandu, Mohinder Lal, Surinder Kumar,

Roshan Lal, Kamboo Devi, Madan Lal. It is further stated that the

offence under Section 382 IPC was not proved and was deleted,

however, offence under Section 336, 504, 506 and 147 were added and

proved against the accused persons, namely, Darshan Lal, Bharat

Bhushan, Raj Kumar, Swarn Devi and Manoj Kumar.

6. From perusal of the FIR it is evident that both the FIRs have been

registered in respect of the same occurrence which took place on

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CRM(M) No. 674/2022

11.04.2021. Once there are allegations and counter allegations by the

parties and cross FIRs are registered against them in respect of the

same occurrence, though on the basis of different allegations, both the

FIRs are required to be investigated by the same Investigating Officer.

Though, in the status report filed by the official respondents it has

been mentioned that the investigation is complete, but nonetheless, the

same Investigating Officer is required to investigate both the FIRs.

7. In view of the above, SSP, Rajouri shall examine as to whether the

investigation in both the FIRs has been conducted by the same

Investigating Officer or not and in case it is found that the

investigation has been conducted by the different Investigating

Officers, he shall handover the investigation in both the FIRs to one

Investigating Officer, who shall examine the investigation conducted

by his predecessor Investigating Officers and thereafter shall proceed

in accordance with law.

8. Disposed of.

(RAJNESH OSWAL)
JUDGE

Jammu
05.06.2024
Sahil Padha
Whether the order is speaking: Yes/No.
Whether the order is reportable: Yes/No.

Sahil Padha
2024.06.06 15:23
I attest to the accuracy and
integrity of this document