STATE TIMES NEWS JAMMU: Justice Tashi Rabstan of J&K High Court Jammu Wing on Wednesday stayed Trial Court order dated October 22, 2019 in Rasana case whereby SSP Jammu was directed to register FIR against R.K Jalla (Ex- SSP Crime Branch, Jammu), Peerzada Naveed, (Additional Superintendent of Police Crime Branch, Jammu), Shetambari Sharma (DySP Crime Branch Jammu), Nassir Hussain, (DySP Crime Branch Jammu), Urfan Wani and Kewal Kishore. After hearing Senior Advocate PN Raina along with Advocate JA Hamal for the petitioner, the HC issued notice and ordered that subject to objections from the other side operation of aforesaid impugned order passed by Trial Court shall remain stayed. This significant order has been passed in a petition filed by Ramesh Kumar Jalla and others aggrieved over the aforesaid order. The court observed that Sr. Adv PN Raina has submitted that the order impugned is contrary to the provisions of Code of Criminal Procedure inasmuch as the Trial Judge has, without directing enquiry to be conducted into the matter in terms of Section 156(3) CrPC, directed the SSP, Jammu to register the FIR against the petitioners in the relevant provisions of law. The court observed that prima facie a case is made out and issued notice to UT and others, and ordered that subject to objections, the impugned order shall remain stayed. The Trial Court after hearing Advocates Ankur Sharma and Tarun Sharma for the complainant had observed that the applicant filed a complaint before SHO Pacca Danga Jammu on September 24, 2019 seeking registration of FIR under Section 194 RPC and other relevant provisions of law against all the non-applicants who were members of SIT investigating the aforesaid case under FIR No. 10 of 2018 dated January 12, 2018 registered under Sections 363, 343, 367-D, 302, 201 and 120-B RPC at Police Station Hiranagar Kathua. “The applicants had sought the registration of FIR against the afore-named non-applicants on the ground that applicants were being forced/tortured/coerced by all the aforesaid non-applicants to depose and create false evidence against accused Vishal Jangotra in the FIR No. 10 of 2018. During the course of investigation in the aforementioned FIR, the applicants were produced by the SIT before the concerned Magistrate to depose under Section 164-A Cr.P.C. wherein, the applicants have deposed the atrocities and torture inflicted upon them by the non-applicants to create false evidence against one Vishal Jangotra. Vishal Jangotra who was falsely implicated in the aforementioned FIR and was acquitted by the Trial Court Pathankot and was exonerated from all the charges levied against him. This further concretizes that the applicants were deliberately tortured and compelled to depose false statements against Vishal Jangotra thus depicting the malafide on part of the non-applicants, whereby, false evidence was created in pursuant to the very well hatched conspiracy by the non-applicants. Aggrieved of the inaction on part of SHO Pacca Danga, the applicants approached the SSP Jammu through Registered Post dated October 5, 2019 for the registration of the FIR against the aforenamed non-applicants but till date nothing substantial has been done by any of the authorities, hence the application was considered. As per the affidavit of Counsel for applicants, no proceedings are pending for disposal in Apex Court with regard to case in question. From the gist of the complaint, cognizable offences are made out against the non-applicants herein. Therefore, application of the applicants under Section 156(3) CrPC is allowed with the direction to SSP Jammu to register FIR against the non-applicants under relevant provisions of law and report compliance by next date of hearing on November 7, 2019”, the Trial Court had observed.
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