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news details
HC stays Trial Court's order regarding registration of FIR against SIT
Rasana case
2/19/2020 8:02:43 PM
Early Times Report
JAMMU, Feb 19: In much publicized Rasana case, a bench of Jammu and Kashmir High Court has stayed the order of trail court directing SSP Jammu to register FIR against Special Investigation Team (SIT) members R K Jalla ( Ex- S.S.P Crime Branch, Jammu), Peerzada Naveed, ( Addl Supretindent of Police Crime Branch, Jammu), Shetambari Sharma ( Dy.S.P Crime Branch Jammu), Nassir Hussain, (Dy.S.P Crime Branch Jammu), Urfan Wani and Kewal Kishore.
Justice Tashi Rabstan of J&K High Court Jammu Wing after hearing Sr. Adv PN Raina with Adv JA Hamal for the petitioner issued, notice and ordered that subject to objections from the other side, operation of impugned order passed by Trial Court, shall remain stayed.
This significant order has been passed in a petition filed by Ramesh Kumar Jalla and Ors aggrieved of the order passed by the Trial Court for registering the FIR against them.
Justice Tashi Rabstan after hearing both the sides observed that Sr. Adv PN Raina appearing for the petitioners submits 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.
Court after hearing in length observed that prima facie a case is made out and issued notice to UT and Ors and ordered that subject to objections, the impugned order shall remain stayed.
It is worthwhile to mention here that the Trial Court after hearing Advocates Ankur Sharma & Tarun Sharma for the complainant observed that facts of the complaint are that the applicant had filed a complaint before SHO Pacca Danga Jammu on 24-09-2019 seeking registration of FIR U/s 194 RPC and other relevant provisions of law against all the non-applicants who were members of SIT investigating the case under FIR No. 10 of 2018 dated 12-01-2018 registered under section 363/343/367-D/302/201 and 120-B RPC at Police Station Hira Nagar Kathua. The applicants had sought the registration of FIR against the above named non-applicants on the ground that the applicants were being forced/tortured/coerced by all the non-applicants to depose and create false evidence against accused Vishal Jangotra in the FIR No. 10 of 2018. During the course of investigation, 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 abovementioned FIR at the behest of non-applicants, already, stands acquitted by the trial court Pathankot and has been exonerated from all the charges levelled against him. This further concretizes that the applicants were deliberately tortured and compelled to depose false statements against Vishal Jangotra thus depicting the malafide intentions 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 S.S.P. Jammu through registered post dated 05-10-2019 for the registration of the FIR against the above named non-applicants but till date nothing substantial was by any of the authorities.
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