Srinagar- The High Court of J&K and Ladakh has quashed an FIR ordered to be registered by a trial court for violation of its orders in a civil matter.
Based on an order on February 29 this year by a court in Kupwara in a civil suit regarding immovable property at Trehgam, police had filed the FIR for commission of offences under erstwhile IPC sections of 188 (violation of an order issued by a public servant), 427 (mischief) and 447 (criminal trespass) on 3 March this year.
“Law is settled that a Court is empowered to take cognizance of the disobedience or breach of an order granted by it and to proceed against the offender for such disobedience or breach under the provisions of Order 39 Rule 2-A CPC,” a Bench of Justice Javed Iqbal Wani said.
The provisions of Order 39 Rule 2-A, the court said, are intended to maintain majesty of judicial orders and to preserve rule of law and to ensure faith of litigants in the administration of justice.
“The nature of proceedings under Order 39 Rule 2-A is quasi criminal and though it has a punitive aspect embodied therein whereunder the offender can be ordered to be detained in the civil prison yet, the person who complains disobedience or breach of order has to clearly make out beyond any doubt that there was an order required to be obeyed by the opposite party and that the said order has been observed in breach or disobeyed,” the court said.
It is also a settled position of law, the court said, that the provisions of Order 39 Rule 2-A CPC are to be exercised without there being any element of vindictiveness.
“Thus, in presence of the said provisions of Order 39 Rule 2-A …..there was no reason or occasion for the trial court …..to pass the impugned order dated 29.02.2024 directing the registration of FIR against the petitioners (3 persons/ defendants in the civil suit) in the matter for violation of order of injunction passed by the appellate court dated 07.06.2017,” the court said, adding,. “The said order thus, cannot but be said to have been passed by the trial court without any power and authority.”
The court subsequently quashed the trial court order as well as FIR registered based on it.
“Viewed thus, what has been observed, considered and analyzed …., the instant petition merits to be allowed. Accordingly the petition is allowed and the impugned order dated 29.02.2024 passed by the court of Sub Judge/JMIC Kupwara as also the impugned FIR No. 10/2024 dated 03.03.2024 registered with Police Station Trehgam are quashed.”
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