The High Court of Jammu & Kashmir and Ladakh dismissed the petition under Section 482 of CrPC, observing that a challenge to the FIR on the ground of non-compliance with Section 195 CrPC at a pre-cognizance stage is premature and that the allegations in the FIR and material collected during the investigation disclose the prima facie commission of offenses, not warranting interference.
The case arose from an FIR registered at Police Station Sumbal, Bandipora, under Sections 188, 269, and 353 of the IPC during Covid-19 restrictions imposed under Section 144 of the CrPC. It was alleged that the petitioner, along with co-accused, was found moving in violation of restrictions and, upon being intercepted, failed to give a satisfactory explanation and assaulted the police party.
The petitioner contended that he was a journalist and was harassed for no reason and that under Section 195 CrPC and Section 60 of the Disaster Management Act, 2005, no cognizance of the offense can be taken except on a complaint made by the competent authority. It was further urged that mandatory provisions have been observed in breach by the prosecution. However, opposing the petition, the respondent submits that the petitioner was found violating lawful orders and the material collected during the investigation prima facie established the culpability.
Hearing the petition, the bench of Justice Shahzad Azeem noted that Section 195 CrPC does not bar registration of FIR or investigation but only restricts taking of cognizance by the court and that in the present case the District Magistrate had already filed a complaint. Further, the court held that the petitioner had approached the court prematurely at the pre-cognizance stage and the issues raised were matters to be considered at the stage of hearing on charge/discharge before the trial court.
On the issue of the applicability of the provisions of the Disaster Management Act and other statutes, the court observed that the legality of the chargesheet falls within the domain of the trial court, which is competent to examine the material, frame charges, and establish the prima facie culpability.
Accordingly, the petition was dismissed with a direction to the trial court to proceed with the matter, clarifying that observations made shall not influence the merits of the case.
Appearances:
For petitioner- Advocate Bilal Ahmad Malla
For Respondents- Government Advocate Jehangir Dar
