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| Directs SSP to assign investigation not below the rank of DySP | | Court refuses to accept closure report against two ex-MLAs of Congress | | Early Times Report
JAMMU, Aug 20: In a closure report filed by Kanachak Police Station in FIR No175 of 2016 of P/S Kanachak, under sections 341, 323, 147 RPC against two ex-MLAs of Congress and other party activists for attacking some shopkeepers on November 28, 2016. The FIR was lodged against ex-MLAs Balwan Singh and Mula Ram and Congress leaders Ramesh Singh Manhas, Ravi Kant Seth, Hari Singh and others who on November 28, 2016 attacked the shopkeepers of Mishriwala and forced them to close the shops and when shopkeepers opposed, the above stated persons manhandled them. All the activities were done on instance of ex-MLA Balwan Singh and Hari Singh. Balwan Singh slapped the complainant and other shopkeepers.
City Judge Jammu Prem Sagar return the closure report with the direction to SSP, Jammu to assign the investigation of this FIR to any competent senior officer not below the rank of DySP so as to unveil the truth and book the guilty whose name has been mentioned by the complainant in his statement. The further investigation shall be completed within one month and to be filed with detail investigation report in court by next date.
While directing for reinvestigation, City Judge Jammu Prem Sagar observed that during the course of investigation, IO visited the spot, recorded the statement of the witnesses. File further reveals that initially the investigation was done by Sub Inspector Sandeep Singh but after his transfer, the investigation of the case was handed over to one SGCT Manzoor Hussain. But it appears that statements recorded by SGCT Manzoor Hussain and SI Sandeep Singh are totally contradictory and the medical opinion has not been obtained and closed the case as not admitted. It is pertinent to mention that the then DySP Domana wrote to Inspector Naresh SHO Kanachak to investigate the case personally and obtain medical opinion of the injured persons and close the case on merits.
Court further observed that statement of complainant Rohit Verma is self explanatory and it appears that despite the directions of SDPO, Domana the then SHO has not investigated the case under the provisions of law and some foul play appears to have been done by the investigating agency at the hands of the then politicians. Court cannot be a mute spectator in such cases where the police in order to please the political masters failed to discharge its duty under Law. The court is not to act as a post office but it is the duty of the court to ensure that justice should have been done and rule of law shall prevail for meeting ends of justice. Therefore whatever has been discussed herein above and keeping in view the manner in which the investigation of the above stated FIR is done is not acceptable. JNF |
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