SHAILENDER VAID Vs. TANVEER AHMED MINTOO
LAWS(J&K)-2020-2-23
HIGH COURT OF JAMMU AND KASHMIR
Decided on February 04,2020

Shailender Vaid Appellant
VERSUS
Tanveer Ahmed Mintoo Respondents


Referred Judgements :-

LALITA KUMARI VS. GOVT. OF U.P. [REFERRED TO]


JUDGEMENT

Sanjay Kumar Gupta,J. - (1.)The petitioner has filed the instant petition for quashing the order dated 05.10.2019 passed by the learned Chief Judicial Magistrate, Kishtwar in case titled 'Tanveer Ahmed Mantoo Vs Shilnder Vaid.' The impugned order reads as under:-
'Heard complainant and his Ld. counsel briefly.

In the light of law laid down by Hon'ble Supreme Court in Lalita Kumari Vs Govt. of UP and others 2014(2) SCC 1, SHO P/s Kishtwar is directed to conduct preliminary inquiry to ascertain whether a cognizable offence is made out or not in the light of averments made in application. The preliminary inquiry should be made in a time bound manner and in any case should not exceed 07 days. After conducting preliminary inquiry, if any cognizable offence is made out, SHO P/s Kishtwar is directed to proceed in accordance with law. A copy of this order alongwith afore-titled application be sent to SHO P/s Kishtwar for compliance. The application as such is disposed of and shall be consigned to record.'

(2.)The afore-stated impugned order has been challenged on various grounds, which are factual in nature and cannot be considered in this petition. Even otherwise, the Court below has directed the police to conduct Preliminary Inquiry as to whether a cognizable offence is made out or not, in the light of the averments made in a time bound manner. In this way no substantial order against the petitioner has been passed by the court below, therefore, this petition is not maintainable and is, accordingly, dismissed along with connected CrlM.
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