Baljeet Kour and Ors v. State Th.Secy.Home Deptt. and Ors

ORDER

27.07.2026

¶1Petitioners, through the medium of this petition seeking quashment of FIR bearing No. 87/2018 dated 20.02.2018, registered at Police Station, Rajouri against the petitioners under Sections 451, 427, 336 and 504 of the Ranbir Penal Code (RPC).

¶2The record reveals that in terms of the order dated 20.03.2018, passed by this Court, the investigation in the impugned FIR was stayed, which order, thereafter, was modified/vacated by this Court, on 03.05.2023, to the extent that the Investigating Agency was permitted to investigate the impugned FIR and if it intended to file a challan against the petitioners, the same was not to be done without prior permission of this Court.

¶3The detailed status report stands filed on behalf of respondent No. 1 in which the said respondent has taken a specific stand, which for the facility of reference is reproduced as under:-

"4. That during further investigation, the petitioner/accused persons approached before the Hon'ble High Court Jammu for seeking quashment of said FIR registered at this Police Station. The Hon'ble High Court Jammu in its ordered dated 23.05.2023 has vacated stay on investigation of the said and has directed to take prior permission from Hon'ble Court before producing final report to concerned Hon'ble Court. On the basis of site place of

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place of occurrence, seizure memo, recorded statements of witnesses u/s 161 CrPC, offenses U/S 451/336/427/504 RPC have been proved against all three accused persons namely 1. Baljeet Kour W/o Harbans Singh 2. Prithpal Singh S/o Lt. Harbans Singh

¶3Rajinder Singh S/o Harbans Singh Caste Sikh R/o Saranoo, Rajouri.

¶5That during further course of investigation IO on dated 08/02/2025 with following due procedure of law arrested above mentioned three accused persons and thereafter were released on personal and bail bold with surety on same day as the offence against each said accused are bailable in nature.

¶6That the investigation of the above case is complete and offences has been proved against the above mentioned all the accused person. Therefore, it is prayed before Hon'ble Court to vacate stay on above said case so that final report (Challan) could be produced before Hon'ble Court for judicial determination".

¶4Thus, in the light of the aforesaid backdrop, where the investigation has been concluded and the charges against the petitioners have been proved, no fruitful purpose would be served by keeping the instant petition alive. Accordingly, the same is disposed of by directing the respondent to file a Challan before the Competent Court of law and subject to filing of the Challan, the petitioners will be at liberty to avail such remedies as may be available to them in law before the learned Trial Court against the final report (Challan) and all consequential proceedings by taking all factual and legal grounds available to them.

¶5It is, however, clarified that this Court has not expressed any opinion on the merits of the allegations or the final report and the learned Trial Court shall proceed in accordance with law without being influenced by any observations made by this court against the petitioners

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¶6Accordingly, the instant writ petition is disposed of alongwith connected application(s).

(WASIM SADIQ NARGAL)

JUDGE JAMMU

27.07.2026 Suraj K. Singh

Sr. No. 09 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Case: CRMC No. 145/2018 Baljeet Kour & Ors. …. Petitioner/Appellant(s) Through:- Mr. Manik Sanson, Advocate vice Mr. Ankur Sharma, Advocate V/s State of J&K & Ors. …..Respondent(s) Through:- Mr. Bhanu Jasrotia, GA CORAM: HON'BLE MR. WASIM SADIQ NARGAL, JUDGE