STATE TIMES NEWS
JAMMU: Justice Janak Raj Kotwal of J&K High Court on Tuesday issued notice to the State, Inspector General of Police (IGP) Jammu and others in a petition filed by Inspector Rajesh Sharma, former SHO Police Station Kanachak and also stayed his arrest in case any FIR is registered against him till next date of hearing.
This significant order giving major relief to the Police Inspector was passed by Justice Kotwal in open Court after hearing at length, Advocate Aseem Sawhney with Utkarsh Pathania and Shiv Dev Thakur, Advocates.
The City Judge Jammu had passed an order under Section 156 (3) CrPC in a complaint of one – lady (name omitted) alleging rape, abduction and beating in the Police Station Kanachak when Inspector Rajesh Sharma-the petitioner was posted as SHO Police Station Kanachak.
In the order, the City Judge had directed the IGP Jammu to constitute an SIT in the matter and register an FIR against the petitioner and others.
In this connection, the SHO Police Station Kanachak Rajesh Sharma was later attached with the DPL Jammu and filed the petition in the High Court seeking quashing of the complaint and the order of City Judge dated May 9, 2017 through Advocates A K Sawhney and Aseem Sawhney.
Advocate Aseem Sawhney while making submissions before the High Court said that the allegations of the lady (complainant) at the very face of it are false and concocted just to wriggle out a theft case which was registered at Police Station Kanachak, Jammu, where the complainant was arrested on April 30, 2017 and on her statement some of the stolen property i.e. gold ornaments were recovered. But then the complainant in connivance with certain other people have weaved a story and filed a false complaint levelling dirty allegations of 376 and 366 RPC while as the same are totally false and malafide and further submitted that the petitioner (Inpector Rajesh Sharma) formed a team which recovered some gold items partially and even arrested mother of the accused namely Sudesh Kumari, wife of Puran Chand, resident of Pathankot on May 1, 2017 and both were kept under custody of lady constables.
The complainant lady and her mother were kept under custody of the Police Station till May 2, 2017 and thereafter they were shifted to Women Cell, Jammu.
Advocate Aseem Sawhney submitted that the accused/ arrestees were got medically examined after every 24 hours and remand was being obtained from concerned Magistrates. On May 6, 2017, the interim bail was granted to the complainant lady and her mother accused in the aforesaid case by the City Judge Jammu (Duty Magistrate) in bail applications moved before the City Judge Jammu.
Upon this, the court stayed the arrest of the then SHO Kanachak, Rajesh Sharma till next date of hearing in case any FIR is filed against him, and directed the respondents State and others to file reply. This order has been passed in open court.
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