VIPAN AGGARWAL Vs. STATE OF J&K
LAWS(J&K)-2020-8-54
HIGH COURT OF JAMMU AND KASHMIR
Decided on August 31,2020

Vipan Aggarwal Appellant
VERSUS
STATE OF JANDK Respondents

JUDGEMENT

Rajnesh Oswal - (1.)Present petition has been filed by the petitioners seeking quashing of the complaint titled, 'State vs. Vipan Aggarwal and others' for commission of offence under section 182 RPC pending before the learned City Judge, Jammu. The petitioners have also sought quashing of the process issued in the said complaint for summoning them.
(2.)The brief facts necessary for disposal of the instant petition are that the petitioners had filed a complaint before the Chief Judicial Magistrate, Jammu, which was forwarded to the Incharge Crime Branch, Jammu for investigation under law vide order dated 06.07.2010. After the receipt of the said order along with complaint, the Crime Branch, Jammu conducted preliminary verification. During the course of verification, it was found that the petitioners herein had lodged a false and frivolous complaint, as such, the Senior Superintendent of Police, Crime Branch filed a complaint under section 182 RPC against the petitioners herein. The said complaint was filed before the Chief Judicial Magistrate, Jammu and the same was subsequently assigned to the City Judge, Jammu (hereinafter to be referred as the 'trial court') for disposal under law and thereafter on 26.09.2012, learned trial court summoned the petitioners herein.
(3.)Feeling aggrieved, the petitioners have challenged the said complaint as well as the process issued against them on the grounds that it was an obligation on the part of the Crime Branch to register FIR and they have miserably failed to perform their obligation and in a perfunctory manner has conducted the preliminary verification against the mandate of law, therefore, the complaint is misconceived. Summoning order has been assailed by the petitioners on the ground that no reason has been assigned by the learned trial court, while issuing process against the petitioners and the process has been issued without even perusing the complaint by reviewing the order dated 24.08.2012.
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