Monday, 24 February 2020

High Court dismissed petitions seeking quashing of FIRs under 561-A-CrPc

Jammu

Jammu and Kashmir High Court on Monday dismissed a host of petitions seeking quashing of First Information Reports (FIRs) under Section 561-A Cr.P.C.

The Coram led by Judge Jammu and Kashmir High Court, Justice Ali Mohammad Magrey, observed that FIRs pending investigation before the concerned authority cannot be quashed in 561-A-Cr.P.C proceedings and can be pressed into service under exceptional circumstances.

“While keeping in view the scope of Section 561-A-Cr.P.C the court should refrain from making prima facie decision at the interlocutory stage where entire facts of the case are incomplete, hazy and more so when material evidence is yet to be collected and issues involved could not be seen in their true perspective,” the judgment said.

Accordingly, petitions seeking quashing of FIR 21 of 2019 dated 23-09-2019 pending before the Anti-Corruption Bureau Jammu, FIR 22/2018 pending investigation in Police Station Domana Jammu, FIR 0599/2018 registered at Police Station Pacca Rajouri, FIR 33/2019 dated 16-02-2019 registered at Police Station Surankote, FIR 288/2017 pending investigation at Police Station Domana and FIR 147/2015 pending before Court of Judicial Magistrate Meendhar were dismissed for want of no merit.



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