Excelsior Correspondent
Srinagar, Sept 9: High Court today while refusing to quash FIRs registered for commission of offence punishable under Section 13 of Unlawful Activities of Prevention Act (ULAPA) said the FIR requires and demands meticulous analyzation of facts.
The accused Mubashir Mohi ud din Thakur was seeking quashing of FIRs registered in Police Station Mattan in Anantnag under section 482 of Code of criminal Procedure for commission of offence punishable under Section 13 U.L.A. (P) Act.
The case set up by petitione-Thakur is that false and frivolous cases have been lodged by police station Mattan against him as such these FIRs, are based on false and wrong information as petitioner was bed ridden since the year 2014 when he met with an accident and was admitted at SKIMS, Soura and thereafter he underwent further treatment at Khanams Hospital, Hazuri Bagh, Srinagar, in the year 2016.
Justice V C Koul while dismissing the plea of petitioner-Thakur said that Section 482 Cr.P.C., preserves the inherent powers of the High Court to prevent an abuse of the process of any court or to secure the ends of justice and does not confer new powers.
“The High Court, while forming an opinion whether a criminal proceeding or complaint or FIR should be quashed in exercise of its jurisdiction under Section 482 Cr. P.C., must evaluate whether the ends of justice would justify the exercise of the inherent power”, Justice Koul recorded.
“Petition on hand, when looked from all angles, requires and demands meticulous analyzation of facts by this Court as if it is in appeal and acting as an appellate court and to draw its own conclusion vis-à-vis impugned FIRs, and proceedings emanating
There from”, Justice Koul said.
Court further said that this is not the aim and objective of provisions of Section 482 Cr. P.C. more particularly when petition on hand does not unveil any ground much less cogent or material one, to indicate that inherent powers are to be exercised to prevent abuse of process of law and to secure ends of justice. “In that view of matter petition on hand is liable to be dismissed. For all that has discussed above, the instant petition is without merit and is, accordingly, dismissed”, Court concluded.
The prosecution before the court stated that a mob of around 800 to 900 people headed by petitioner-Thakur and others, came on street and started antinational slogans and misguiding people against sovereignty and integrity of India.
On receiving docket case FIR no.66/2016 was registered in police station Mattan, Anantnag and investigation was set in motion and during investigation site plan was prepared, statements of witnesses recorded and three accused persons were arrested and later released on bail granted by competent court of law and rest of three accused persons were at large.
Justice Koul after having heard the counsel for the petitioner and perused the material on record; and considered the matter. Court recorded that the contents of impugned FIRs, prima facie, show commission of cognizable offences and on the edifice whereof the same have been lodged.
Registration of FIRs, court said, in view of allegations made mention of therein, cannot be said to be abuse of process of law. “What is being stated by petitioner to show that allegations are false, is a matter of investigation and trial. Whether registration of an FIR would amount to abuse of process of law, would depend upon whether report discloses commission of offence or not”, reads the judgment.
Court said if the FIRs does show any abuse of process of law, then definitely powers under Section 482 Cr. P.C. can be exercised to quash FIR. “Here in this case, the context, too discloses the commission of offences, therefore, registration of FIR cannot be said to be abuse of process of law. Resultantly, FIR cannot be quashed in exercise of powers under Section 482 Cr. P.C”, Justice Koul concluded.
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