J&K HC Refuses to Quash Assault Charges, Says Alibi Can’t Be Tested at Pre-Trial Stage [Read Order]

Jammu: The High Court of Jammu & Kashmir and Ladakh has rejected a petition seeking to quash criminal proceedings against three individuals charged with assault and rioting, ruling that alibis cannot be examined during a pre-trial judicial review.

Justice Sanjay Dhar delivered the order in a case where the accused sought to challenge a charge sheet filed under Sections 142, 148, 323, and 506 of the Indian Penal Code, following FIR No. 52/2024 registered at Police Station Zainapora, Shopian.

The court examined the petition filed by the accused, who were alleged to have attacked a complainant with axes, knives, and iron rods on June 23, 2024, while he was repairing his house.

The bench noted the serious nature of the allegations, stating that the FIR clearly disclosed “commission of cognizable offences” involving armed assault that resulted in injuries to multiple victims, including the complainant and three others — Tanveer Ahmad, Manzoor Ahmad, and Hameed Imran.

The petitioners contended that they were elsewhere during the incident — one serving as a Selection Grade Constable posted at Ahstan Sharief Jinab Sahib Soura, another working as a teacher and invigilator at Higher Secondary School Shopian, and the third employed as a lecturer at Higher Secondary School Keegam.

However, the court emphasized that such defenses require proper examination during trial proceedings rather than summary dismissal at the pre-trial stage.

“The plea of alibi put forward by the petitioners cannot form a ground for quashing the impugned challan in these proceedings,” the court observed, adding that “the veracity of the defence put up by the petitioners can be gone into by the trial court at the appropriate stage.”

The court clarified that it cannot conduct a “mini trial” under Section 528 of the Bharatiya Nagarik Suraksha Sanhita to determine the truthfulness of the accused’s claims during quashing proceedings.

Justice Dhar further stated that if the petitioners believed their alibi defense was inadequately investigated, they could approach the Chief Judicial Magistrate before whom the charge sheet was filed to seek further investigation.

Consequently, the Court, while stating that it cannot go into all these aspects of the matter in the present proceedings, dismissed the petition.

Case Title: Abdul Qayoom Ganie and Ors. vs. Union Territory of J&K and Ors.

[Read Order]