Early Times Report
JAMMU, July 4: The High Court of Jammu & Kashmir and Ladakh has refused to quash FIR No. 57/2024 registered at Police Station Bakshi Nagar in connection with the alleged attack on Police Post Sarwal. Justice Sanjay Dhar dismissed the petitions filed by accused Pardeep Khanna, Veenu Khanna, Rajeshwar Khanna, Parth Khanna and Aditya Khanna, holding that the FIR discloses prima facie cognizable offences, including assault on police personnel, damage to public property, storming of Police Post Sarwal and forcible rescue of a person from police custody.
According to the prosecution, the accused were called to Police Post Sarwal for questioning on the basis of complaints. However, instead of cooperating with the police, they allegedly launched an attack on the police party. One of the accused was taken into custody, while others allegedly fled from the spot. The FIR further alleged that the accused, along with around 100 to 150 persons, gathered outside Police Post Sarwal on May 4, 2024, broke open the main gate, damaged public property and gave severe beating to police personnel.
The Court observed that the allegations were supported by witness statements, medical records of injured police officials and other material collected during investigation. It held that the inherent powers under Section 482 CrPC are limited and cannot be used to conduct a mini-trial at the stage of quashing.
The petitioners had alleged that the FIR was fabricated to shield alleged misconduct by police officials and also relied upon CCTV footage. However, the High Court declined to rely upon the footage at this stage, observing that its authenticity was yet to be established by the investigating agency.
Justice Dhar ruled that the truthfulness of rival claims can only be examined during trial and not in proceedings seeking quashing of an FIR.
Finding no ground to interfere, the High Court dismissed both petitions and allowed the criminal proceedings to continue.
(JNF) |
