The Jammu & Kashmir High Court dismissed a petition seeking to quash a charge sheet filed against individuals accused of launching a violent, premeditated attack using deadly weapons. The petitioners claimed they were not at the crime scene and cited their official duty postings as an alibi. They relied on Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). However, the Court ruled that the plea of alibi is a defence issue and must be examined during trial, not at the pre-trial stage. Justice Sanjay Dhar observed that the Court cannot hold a mini-trial while considering a quashing petition. The FIR clearly disclosed the commission of cognizable offences, and the charge sheet followed a proper investigation. The Court stated that if the petitioners believe their alibi wasn’t thoroughly probed, they can request further investigation from the trial magistrate. However, such arguments are not valid grounds for quashing the charge sheet.
The case involved a complaint alleging that the accused attacked the victim using axes, knives, and iron rods, causing injuries. The investigating agency found prima facie evidence and filed the charge sheet accordingly.
