NONE. V/S CRM(M) No. 249 of 2019 · High Court of Jammu & Kashmir and Ladakh

Through: Mr. Sajad, GA CORAM: Hon’ble Mr. Justice Sanjay Dhar, Judge. ORDER 16.07.2022 A perusal of the minutes of proceedings reveals that nobody has been appearing in this case on behalf of the petitioner for quite some. Through the medium of instant petition, the petitioner is challenging FIR No. 64/2019 for offence under Section 364, 384 of the IPC registered with Police Station Ram Munshi Bagh, Srinagar. The response on behalf of the official respondents stands filed. In the response, the respondents have submitted that after investigation of the case, the offences under Sections 364, 384 of IPC stand established against the petitioner and co-accused and challan stands filed before the court of Judicial Magistrate 1st Class (Passenger Tax), Srinagar on

02.11.2019. Having regard to the fact that the allegations in the impugned FIR have been substantiated by the material collected by the investigating agency during the investigation of the case which has resulted in filing of challan against the petitioner and co-accused, this Court would not exercise its powers under Section 482 Cr.PC to quash the proceedings. Quashing of proceedings in such a case would amount to stifling of a genuine prosecution which is impermissible in law. For the foregoing reasons, there is no merit in the petition. The same is accordingly dismissed. (Sanjay Dhar) Judge SRINAGAR 16.07.2022 “Aasif”