Sanjay Kumar Gupta, J. - (1.) Crmc No. 710/2017c/w CRMC No. 168/2011 These two petitions have been filed against the judgment dated 18.05.2010 passed by the learned Judicial Magistrate 1 st Class, Gandoh. Therefore, both these petitions are being disposed of by a common order. CRMC No. 710/2017
(2.) In this petition, six petitioners including petitioners in CRMC 168 of 2011 seek, inter alia, quashing of FIR No.22 of 2007 dated 05.03.2007 for commission of offences under Sections 341, 302, 109 RPC and for setting aside of order dated 18.05.2010 passed by the learned Judicial Magistrate 1 st Class, Gandoh, under Section 512 of the Cr.P.C as well as the warrants issued by the Dy. SP CRO (Crime Branch) Jammu dated 21.01.2010 in case titled, State through Police Station, Gandoh vs. Natha Singh and others (petitioners).
(3.) The brief facts of the case are that an FIR No.22/2007 dated 05.03.2007 for commission of offences under Sections 341, 302 and 109 RPC, lodged by the respondent No.5 on the basis of the statement of an outsider Chowkidar of village Changa Soti, namely, Ghulam Rasool Rather. The said FIR was originally lodged only against two persons, namely, Sh. Faqir Mohammad and Sher Ali but not against other accused persons. The date of occurrence allegedly stated as 16.11.2006. There is a delay of about four months in filing the FIR. The deceased, Gulam Mohd Rather has died due to accidental death when he fell from the back of the horse in a deep gorge at a hilly area a far off place i.e. Kaljogasar Tehsil, Gandoh. This fact is accepted and verified by the people of area/locality and the family of the deceased. However, the investigation of the case FIR No.22/2007 of Police Station, Gandoh for the aforesaid offences was transferred to Crime Branch, Jammu, vide order No. 2951 of 2007 dated 16.06.2007 issued by the Director General of Police and the C.D. file of the case and other related documents were handed over by the SSP Doda to SSP Crime Branch, Jammu. It is the case of the petitioners that there is no material whatsoever on record, direct or circumstantial to connect the petitioners with the alleged commission of offence. All the inhabitants of the area of the deceased's residence/village have made consistent statements to the effect that deceased has died due to a fall and had not disclosed any fact to inculpate any person with causing death of deceased. During the course of inquest proceedings enquiry officer recorded statements of various witnesses who were acquainted with the facts and circumstances of the case but no incriminating circumstances surfaced with respect to homicidal death. It is further submitted that all of a sudden Mst. Zoona came to be introduced as eye witness to the occurrence. The witness was all along present and was also mourning death of the deceased and had not shared the information with respect to death of the deceased to any person nor with the relatives of the deceased but has shared with Chowkidar, namely, Gh. Rasool the facts and the circumstances and said Gh. Rasool Chowkidar has also not informed the police about any such incident. The respondent No.6 belongs to a political party, the National Conference and Chowkidar of village Changa Soti. The petitioner No.1 (Sunil Kumar) and the petitioner No. 2 (Jaswant Singh) were the Personal Security Guards with the petitioner No.5 (Natha Singh), who is the Senior Vice President of Political Party BJP Tehsil, Gandoh (Bhallesa). The petitioner No.3 (Mohd. Ishaq) was Personal Security Officer with Late Sh. Abdul Rashid Rather (PRO to Ex-Power Minister Sh. Mohd. Sharif Naz). The petitioner No. 4 (Faqir Mohd) was persuaded and forced by the local police during investigation in the matter to become a witness in the case against the petitioners and on his refusal from making any false statement against the petitioners, he too has been involved as an accused in the case. The challan was presented before the learned Judicial Magistrate 1 st Class, Gandoh. The petitioners have stated that initially the Judicial Magistrate 1st Class, Gandoh, had granted bail to the petitioners, but later-on he has passed the order dated 18.05.2010 by virtue of which the warrants under Section 512 Cr.P.C. have been issued against the petitioners on the basis of the statement of an outsider Chowkidar of village Changa Soti, namely, Ghulam Rasool Rather and also the search warrants have been issued by the Dy. SP CRO (Crime Branch), Jammu dated 21.01.2010 against the petitioners. The petitioner Nos. 5 and 6 filed a petition under Section 561-A Cr.P.C. bearing No. 168 of 2011 before this Court at Jammu, seeking setting aside the order dated 18.05.2010 passed by the learned Judicial Magistrate 1st Class, Gandoh under Section 512 Cr. P.C. CRMC No. 168/2011;