STATE TIMES NEWS
JAMMU: Justice Janak Raj Kotwal of Jammu and Kashmir High Court ordered stay on FIR No 61/2017 lodged at Police Station Nagrota and directed SSP Jammu to probe registration of aforesaid FIR by the Incharge Police Station despite SHO’s claim that complaint made against accused is untrue.
The Court direction came in response to a petition filed by Shabir Ahmed and others seeking quashment of aforesaid FIR under Sections 376, 354 and 342.
Advocate Kousal Parihar appearing for the petitioners submitted that on 3rd March, 2017 a complaint under Section 156(3) CrPC was forwarded by the Magistrate to verify the facts.
Acting on the order of Magistrate, SHO Police Station Nagrota after enquiry submitted his report to Magistrate stating therein that the allegations leveled in the complaint have been found untrue and that the complainant has filed the complaint in order to save her husband Bhar Din, against whom FIR No 86/2016 under Sections 341, 342, 382, 376 and 120-B RPC has already been registered on the complaint of one Hafiza Begum. On this report of SHO, Magistrate accepted the report and dismissed the complaint.
Advocate Kousal further submitted that whereas on 29th March 2017 on one hand report submitted by the SHO was accepted by the Magistrate and complaint was dismissed, on the other hand, the Officer Incharge of the same Police Station registered FIR No. 61/2017 on the basis of a photocopy of the same complaint said to have been received in the police station by post.
Upon this, Justice Kotwal observed that the matter requires inquiry and directed SSP Jammu to inquire into the circumstances leading to registration of aforesaid FIR No. 61/2017 by the Incharge Officer of the Police Station on 29th March 2017, notwithstanding the inquiry report by the SHO in the same matter and dismissal of the complaint by the Magistrate.
Court further ordered that SSP shall inquire into the matter either himself of by a duly authorised officer of the gazetted rank. “Let the report be submitted to this Court by or before the next date and meanwhile FIR No 61/2017 registered with Police Station Nagrota shall remain stayed”, it observed.
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