STATE TIMES NEWS
JAMMU: Justice Janak Raj Kotwal of J&K High Court Jammu Wing on Thursday restrained police from filling chargesheet against Dr. Bodh Raj Kundal Head of Department (HoD) Neurology Government Medical College (GMC) Jammu.
The court order came in a petition filed by Dr. Bodh Raj Kundal, who was booked by police for allegedly molesting a patient, seeking quashment of FIR.
Justice Kotwal after hearing Senior Advocate Sunil Sethi for the petitioner, issued notice to the respondents and in the meanwhile ordered that subject to objections having regard to the grounds on which quashing of the FIR is sought, charge-sheet shall not be filed till next date of hearing. The counsel of petitioner submitted that impugned FIR is liable to be quashed on the ground that had the petitioner outraged the modesty of the complainant, the complainant should have raised an alarm or had approached the concerned Police Station immediately. “The complainant neither raised an alarm nor did she lodged complaint in the concerned police station clearly showing that the story projected in the FIR is highly motivated and aimed at harassing and blackmailing the petitioner”, he added.
“Thus allegations alleged by the complainant in the impugned FIR are highly unbelievable and could not have been acted upon by the respondent by registering the impugned FIR without holding any preliminary enquiry. On this ground also, the impugned FIR is totally illegal and vitiated, hence liable to be quashed”, he further submitted.
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