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HC quashes FIR against I/O 7/27/2015 11:33:38 PM Early Times Report jAMMU, July 27: In a petition filed by Man Singh Sub-Inspector seeking quashing of FIR against petitioner in an order passed by Judicial Magistrate Ist Class, Banihal on 10/03/10, the Justice Bansi Lal Bhat of J&K High Court Jammu today ordered that impugned order cannot be sustained and thus same stands quashed. After hearing both the sides, the Justice Bansi Lal Bhat of J&K High Court Jammu today observed that in the case the Magistrate was holding trial which was at the stage of recording of prosecution evidence. Court said that the trial was yet to conclude and the stage of delivery of judgment had not arrived. "Learned Magistrate even ignored the fact that the petitioner, in his capacity as the Investigating Officer, was the most material witness in the case who was yet to be examined at the trial. it was no stage to appreciate evidence and arrive at a finding that the investigating officer had fudged evidence and committed forgery," court said, adding, "finding is perverse and the impugned order directing lodging of FIR against petitioner and conducting of investigation on the basis of such FIR untenable. With these observations High Court quashed the FIR No.41/2010 registered at Police Station Banihal for offence under Sections 467, 468, 409, 201 RPC and all consequential proceedings. Petitioner has sought relief from court in order passed by Judicial Magistrate Ist Class, Banihal in File No178/Challan titled State Vs Mohd Iqbal and ors directed registration of FIR against the petitioner for having allegedly forged the signatures of witnesses to the seizure memo and for having changed the weapon of offence. The impugned order is said to have been passed during the trial of the case when the prosecution evidence was in pipeline and the stage of delivery of judgment was yet to arrive. (JNF).   Share This News with Your Friends on Social Network     Comment on this Story

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