Plea Of Alibi Cannot Be Ground Of Quashing Chargesheet: Jammu And Kashmir And Ladakh High Court

The Jammu & Kashmir and Ladakh High Court has held that the plea of aibi cannot form a ground for quashing of chargesheet as it is a part of the defense that will be put up during the trial.

The Court was considering a Writ Petition challenging an FIR registered for offences under Section 142, 148, 323, 506 of the IPC.

The Bench of Justice Sanjay Dhar observed, "....The plea of alibi put forward by the petitioners cannot form a ground for quashing the impugned challan in these proceedings. The veracity of the defence put up by the petitioners can be gone into by the trial court at the appropriate stage and this Court in exercise of its powers under Section 528 of BNSS cannot hold a mini trial to ascertain the veracity of the defence put up by the petitioners...."

The Petitioner was represented by Advocate Mudasir Bin Hassan.

Facts of the Case

The Respondent alleged that one day, when he was undertaking repairs of his house, the Petitioners, along with co-accused armed with axes, knives and iron rods, came over there and launched an attack upon the Complainant as a result of which, he received injuries on his head and other parts of the body.

An FIR was thus registered and charge sheet was filed. The Petitioners challenged the proceedings on the ground that they were not present on spot at the time of the incident, and as such, no offence is made out against them. It was submitted that the Police has not investigated the matter in its proper perspective and that Respondent has lodged impugned proceedings with a view to wreak vengeance upon the Petitioners with whom he has having a civil dispute. It was their contention that they were not present on spot at the relevant point of time as they were discharging their official duties at respective places of their posting and as such, the challan could not have been filed against them.

Reasoning By Court

The Court observed that the allegations contained in the FIR clearly disclose commission of cognizable offences against the Petitioners and the Investigating Agency found substance in the allegations which resulted in filing of the charge sheet against the Petitioner.

It held that the plea of alibi cannot form a ground for quashing of chargesheet as it is a part of defense that will be put during the trial.

The Petition was accordingly dismissed.

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

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