Workers at a hydroelectric project challenged a criminal complaint alleging defamation, threats, insult and conspiracy arising from workplace friction and police or Executive Magistrate summons.
Judge / Bench — Hon’ble Mr. Justice Sanjay Dhar, Judge
The Jammu & Kashmir and Ladakh High Court found only omnibus allegations: no individual roles, particular threats, defamatory words or specific imputations were supplied. Being summoned by public authorities in discharge of their functions did not itself disclose an offence by the petitioners. The Magistrate’s process order also failed to record satisfaction identifying the offences made out. Emphasising that issuing process requires application of mind to the available material, the Court quashed the complaint and consequential proceedings against the petitioners. The reasoning is useful for scrutinising both the pleaded ingredients and the Magistrate’s actual satisfaction, rather than treating generic accusation as sufficient.
Case — Joginder Seru and Others v. Bhushan Kumar and Others · CRM(M) No. 611/2024 · 2026-10-13 · Jammu wing
Advocates appearing — Petitioners — Ms. Damini Chouhan, Advocate. Respondents — None recorded.