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Jawad Muzaffar vs State Ss — 2024 MLD 1951 HIGH-COURT-AZAD-KASHMIR

Case information

Citation
2024 MLD 1951 HIGH-COURT-AZAD-KASHMIR
Year
2024
Reporter
MLD
Parties
Jawad Muzaffar vs State Ss
Subject matter
Criminal
Provisions referred to
S. 561-; S. 173; S. 249-; S. 265-K

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Jawad Muzaffar VS State Ss. 249-a, 265-K, 561-a & 154---azad Jammu and Kashmir Interim Constitution act (VIII of 1974), art. 44---Quashing of FIR---Dispute of civil nature---alternate remedy---Petitioner/accused sought quashing of FIR registered against him on the ground that the matter was of civil nature which could only be agitated and adjudicated by the competent Court of civil jurisdiction---Validity---Record showed that petitioner had previously challenged the same FIR by invoking extraordinary jurisdiction of the Court conferred under art. 44 of the azad Jammu and Kashmir Interim Constitution act, 1974 and said petition was dismissed by the Court---Subsequently, PLa was also dismissed by the Supreme Court with the direction to the investigating agency to probe into the matter---Bare reading of S.561-a, Cr.P.C showed that High Court could not embark upon the investigation proceedings in order to annul the same, and such-like application asking for quashment of investigation proceedings per se was not maintainable---When police report under S.173, Cr.P.C, was submitted before the Court concerned, question of annulment/quashment of FIR becomes irrelevant and redundant for all its practical purpose, therefore, proper recourse and remedy available to an accused is to invoke the jurisdiction of the trial Court to get himself/herself exonerated under S.249-a, Cr.P.C or under S.265-K, Cr.P.C, as chapter of quashment of FIR stands closed after submission of police report under S.173, Cr.P.C---Petition was meritless, devoid of any force and not maintainable, which was dismissed accordingly.

Other judgments reported in 2024 MLD

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