J&K High Court Declines To Quash Chargesheet In Assault Case
The Jammu & Kashmir High Court has dismissed a petition seeking quashing of a charge sheet filed against several individuals accused of carrying out a violent attack using deadly weapons, holding that the plea of alibi raised by the accused cannot be tested in a pre-trial stage under the guise of a quashing petition.
The petitioners had urged the Court to quash the charge sheet on the ground that they were not present at the scene of the alleged offence, as they were on official duty at their respective postings at the relevant time.
They invoked Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) to support their plea.
A bench of Justice Sanjay Dhar observed that The plea of alibi raised by the petitioners is a matter of defence which cannot be adjudicated at this stage. It is for the trial court to examine such a defence based on evidence.
The court said it cannot conduct a mini-trial within the scope of a petition seeking quashing of charge sheet.
The Court further noted that the allegations in the FIR clearly disclose the commission of cognizable offences, and that the charge sheet had been rightly filed after proper investigation.
The Court clarified that if the petitioners believe that their alibi was not adequately investigated, they are at liberty to approach the trial magistrate to seek further investigation. However, such contentions cannot be entertained under the current proceedings.
The case stems from an FIR in which the complainant alleged that the petitioners, along with co-accused, launched a violent and premeditated attack using axes, knives, and iron rods, leading to injuries. The charge sheet was filed after the investigating agency found prima facie substance in the allegations.
APPEARANCE:
Mudasir Bin Hassan, Advocate for Petitioners
Case-Title: Abdul Qayoom Ganie and Ors. Vs UT of J&K and others, 2025
