Court Upholds Legality of FIR Merger, Directs Prompt Presentation of Challan
In a significant ruling, the Jammu and Kashmir High Court has dismissed a petition seeking the quashing of FIR No. 40/2025 against Gulzar Ahmad Ganie and others. The petitioners had requested the court to quash the FIR and subsequent proceedings under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), alleging harassment and fabricated complaints. Justice Moksha Khajuria Kazmi, presiding over the case, emphasized that criminal proceedings under Section 528 BNSS can only be quashed in exceptional circumstances, such as preventing abuse of court process or miscarriage of justice. The court found no merit in the petitioners' claims and emphasized that mere allegations of harassment and the accused's social standing do not justify invoking the extraordinary jurisdiction of the High Court.
The case originated from complaints filed by respondent No. 2, who alleged that the petitioners had manhandled, abused, and attempted to rape her, leading to the registration of FIR No. 40/2025 and FIR No. 44/2025. The petitioners argued that the FIR was based on baseless and exaggerated allegations, aimed at harassment and intimidation. However, the court noted that the investigation had not been completed due to earlier interim directions, and the petitioners had not cooperated with the investigation.
The court also addressed the legality of merging two separate complaints into a single FIR, upholding the police's decision to do so. It was argued that merging complaints related to similar activities is permissible under the law, citing precedents from the Supreme Court.
Justice Kazmi highlighted the importance of allowing the criminal case to proceed without undue delay, reminding the investigating agency to act impartially and in accordance with the law, uninfluenced by the accused's social standing. The court criticized the police for misinterpreting judicial orders and emphasized that equality before the law is a constitutional mandate.
The court directed the police to present the challan before the competent court without further delay and clarified that the trial court should proceed independently, uninfluenced by the High Court's observations. The judgment underscores the judiciary's commitment to ensuring justice and preventing the misuse of legal provisions to obstruct lawful investigations.
Bottom Line:
Criminal proceedings under Section 528 BNSS cannot be quashed unless exceptional circumstances are established. Mere allegations of harassment, fabricated complaints, or claims of social standing of the accused do not suffice to invoke extraordinary jurisdiction of the High Court.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528, Sections 74, 115(2), 351(2), 76, 191(2) of BNS.
Gulzar Ahmad Ganie v. Union Territory, (Jammu And Kashmir)(Srinagar) : Law Finder Doc id # 2877195
