VIVEK BASSAN Vs. STATE OF J&K

JUDGEMENT

(1.) Through the instant petition filed under Sec. 561-A Cr.P.C. for quashing the FIR No.0085/2018 dtd. 18/5/2018 registered with Police Station, Pacca Danga, Jammu against the petitioner for commission of offences under Ss. 498-A, 304-B RPC and 30 Arms Act and also quashing the proceedings/investigation being conducted against the petitioner by the respondent No.1 in the impugned FIR.

(2.) The brief facts of the case are that the petitioner is presently serving as Inspector in J&K Police and posted at Company Commander "D" Coy IRP 7th Bn. Amb Garota, Jammu. He was married to Ms. Neha Kumari in accordance with Hindu rites and customs. Their marriage was solemnized on 7/12/2014. The relations of the petitioner with his wife were cordial and there was neither any fight nor any issue between them. The wife of the petitioner unfortunately died from a gunshot injury from the service revolver of the petitioner on 26/2/2018 and proceedings under Sec. 174 Cr.P.C were initiated by the Police and on the basis of inquest proceedings which mainly consists of report of the Ballistic Expert, the Enquiry Officer came to the conclusion that since the death of the deceased is not because of natural cause, FIR is required to be registered and it is due to these findings of Ballistic expert, impugned FIR No.0085 of 2018 dtd. 18/5/2018 has been registered with Police Station, Pacca Danga, Jammu against the petitioner for commission of offences under Ss. 498-A, 304-B RPC and 30 Arms Act.

(3.) The petitioner is aggrieved of the impugned FIR No.0085 of 2018 dtd. 18/5/2018 and the proceedings/investigation being conducted against the petitioner, therefore, seeks to challenge the same on the following grounds:-