The Jammu & Kashmir High Court has firmly ruled that a plea of alibi raised by accused persons cannot be considered at the stage of framing charges. This observation came while the Court was hearing a petition filed by Abdul Qayoom Ganie and others, seeking quashing of a chargesheet arising from FIR No. 52/2024 related to a violent assault.
The accused had contended that they were not present at the location of the alleged assault on 23rd June 2024, claiming that they were on official duty elsewhere during that time. Their counsel, Advocate Mudasir Bin Hassan, invoked Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) to bolster the plea for quashing the chargesheet.
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However, the Single Judge Bench of Justice Sanjay Dhar categorically dismissed the petition and emphasized:
“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 further clarified that it is not the function of a High Court to conduct a mini-trial while dealing with a petition to quash charges. It underlined that the allegations contained in the FIR clearly establish the commission of cognizable offences under Sections 142, 148, 323, and 506 of the IPC.
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"This Court cannot transform the quashing jurisdiction into a fact-finding arena. If the accused believe the alibi was not investigated properly, they can approach the trial magistrate seeking further inquiry," Justice Dhar added.
The case stems from a complaint lodged at Police Station Zainapora, Shopian, where the complainant alleged that while repairing his house, he was assaulted by the petitioners and others. The attackers were reportedly armed with axes, knives, and iron rods, leading to serious injuries. The investigation resulted in a chargesheet being filed after prima facie evidence supported the complainant’s version.
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The Court’s order stressed that such grave allegations cannot be brushed aside at a preliminary stage. The proper forum to evaluate the defence of absence from the scene of crime is the trial court, where evidence will be examined in due course.
"The truthfulness or falsity of such a plea can only be tested after evidence is led. Quashing the charge sheet on this basis would amount to prejudging the defence," the Court remarked.
In conclusion, the High Court upheld the integrity of the investigation and ruled that the petitioners have the liberty to seek remedies during trial proceedings if they believe any part of their defence, including the alibi, was overlooked.
Case Title: Abdul Qayoom Ganie and Ors. Vs Union Territory of J&K and Others (2025)
Appearance: Mr. Mudasir Bin Hassan, Advocate for the Petitioners
FIR: No. 52/2024, Police Station Zainapora, Shopian
