SOM RAJ TAROCH Vs. STATE
LAWS(J&K)-2020-11-36
HIGH COURT OF JAMMU AND KASHMIR
Decided on November 12,2020

Som Raj Taroch Appellant
VERSUS
STATE Respondents


Referred Judgements :-

RADHA MOHAN SINGH VS. STATE OF U.P [REFERRED TO]
SAMBHU DAS ALIAS BIJOY DAS VS. STATE OF ASSAM [REFERRED TO]
ABHAY NATH DUBEY VS. STATE OF DELHI [REFERRED TO]


JUDGEMENT

SANJAY DHAR - (1.)Through the medium of instant petition, the petitioners have challenged the order dated 18.03.2019 passed by the learned Judicial Magistrate First Class (Sub-Judge), Katra (hereinafter referred to as the 'Magistrate') whereby the learned Magistrate has, while exercising powers under Section 156(3) of J&K Cr.P.C., directed respondent No.1 to undertake the investigation of the complaint filed by respondent No.2/complainant.
(2.)The case of the petitioners is that petitioners No.1 and 4 happen to be the parents of petitioner No.3, whereas petitioners No. 2 and 5 happen to be the brother and sister of petitioner No.3. Respondent No.2/complainant happens to be the mother-in-law of petitioner No.3,whereas petitioners No. 6 to 8 are close relatives of the petitioners. It is averred that petitioner No.3 had entered into wedlock with deceased Rajesh Kumar, who happens to be the son of respondent No.2 and out of the said wedlock, two children, a daughter and a son were born. The marital relationship between petitioner No.3 and her husband remained strained, as according to the petitioners, the deceased husband of petitioner No.3 was a drug addict. It is further averred that petitioner Nos. 3 and her late husband were disinherited by respondent No.2. Reference is also made in the instant petition to the matrimonial litigation that has taken place between petitioner No.3 and her deceased husband. It is averred that on 31.01.2019, marriage ceremony of daughter of petitioner No.8 was being celebrated at Katra and, in order to attend the said marriage ceremony, petitioner No.3 and her deceased husband went to Katra with petitioner No.1. The other family members including petitioner No.2 and petitioners No. 4 to 7 were already present over there to attend the said marriage.
(3.)It is further averred that during the intervening night of 31.01.2019 and 01.02.2019, late Rajesh Kumar developed some pain in his chest and he was rushed to the Hospital at Katra, wherefrom he was referred to Government Medical College Hospital, Jammu for treatment, but by the time he reached the Hospital, he had already breathed his last. It is averred that, upon the death of the deceased, the police of Police Station, Katra initiated inquest proceedings under Section 174 of J&K Cr.P.C. and the dead body of the deceased was subjected to post mortem. However, during the pendency of inquest proceedings, respondent No.2 approached the learned Magistrate by way of an application under Section 156(3) of J&K Cr.P.C, urging the learned Magistrate to direct registration of FIR. It was alleged in the complaint that the deceased Rajesh Kumar had been murdered by hatching a criminal conspiracy.
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