Case BriefsHigh Courts

Jammu & Kashmir High Court: A Single Judge Bench of Sanjay Kumar Gupta, J., dismissed a petition filed under Section 561-A of the Jammu & Kashmir CrPC, whereby the petitioner sought quashing of an FIR filed against him for offences under Sections 427 & 379 of the Ranbir Penal Code, 1989.

The main issue that arose before the Court was whether the petitioner was entitled to get relief under Section 561-A of the CrPC.

The Court observed that from the FIR it was evident that a case for cognizable offences had been made out which calls for an in-depth investigation. Further, the argument of the petitioners that they were pursuing their case before the Court when the offence was committed was rejected by the Court because the records of the Court had no mention of the petitioners on the said date. The Court observed that FIR can be only quashed in order to prevent abuse of process of law or to secure the ends of justice. In cases where an innocent person is subject to unnecessary prosecution or an investigation is initiated without proper materials to make out a prima facie case, an FIR can be quashed. Inherent powers given to the Court under Section 561-A are to be exercised sparingly, carefully and with great caution since this power is vested in the High Courts to do substantial justice.

The Court held that the petitioner had failed to show sufficient grounds which might require the interference of the Court and resultantly, the petition was dismissed.[Pitamber Singh v. State of J&K,2018 SCC OnLine J&K 859, order dated 22-11-2018]

Case BriefsHigh Courts

Jammu and Kashmir High Court: A Single Judge Bench comprising of Tashi Rabstan, J. allowed the application filed by the applicant-convict for travelling USA for medical check-up and meeting his children.

The applicant was convicted and sentenced under Section 471 of Ranbir Penal Code. In an appeal preferred by the applicant herein against his conviction and sentence awarded by the learned Additional Sessions Judge, the High Court had suspended the sentence awarded to him and also admitted him to bail. The applicant had moved an application before the High Court for grant of permission to travel the United States of America.

The High Court perused the record and noted that even during his trial, the applicant was permitted, on several occasions, to travel abroad for a medical check-up. He never flouted any such permission granted by the trial court. In fact, each time, the applicant had returned before the stipulated time as granted by the courts below. The Court held the reason put forth by the applicant for travelling abroad, i.e. getting a medical check-up and meeting his children, as genuine. In such circumstances, the High Court allowed the application and permitted the applicant to travel USA subject to the conditions imposed. [Rajinder Nath Raina v. State of J&K,2018 SCC OnLine J&K 329, dated 01-06-2018]