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news details
Sub Registrar entrusts DC Srinagar to investigate 'criminal' complaint
2/20/2021 11:31:04 PM
Early Times Report
SRINAGAR, Feb 20: The Sub Registrar, Judicial Magistrate has entrusted the Deputy Commissioner Srinagar to investigate the criminal complaint, against the accused person's warranted under law under section 304-A RPC. It is learnt according to the documents that the then investigating officer in Ghazal Mumtaz versus Manzoor Wagay and others case had summoned the accused only whereas no statement or witness of the complainant was recorded, therefore the court has authorized the higher official to investigate into the matter. Recently an order was issued on 09/02/2021 from the Court of Sub Registrar, Judicial Magistrate 1st Class Srinagar, with regard to the case vide no: 455/M, date of institution: 17:11:2018, CNR NO: JKSG030066812018 titled Gazala Mumtaz versus Manzoor Ahmad Wagay, Director Noora hospital and others. The order reads that, "perusal of the record reveals that the instant complaint has been filed on 17.11.2018 and this court vide order dated 08.12.2020 entrusted the matter to Executive Magistrate Tehsildar, Parimpora Srinagar and directed him to conduct an enquiry/investigate in terms of section 202 Cr.Pc and submit the report". However in this case the Ld Counsel for the complainant pleaded that the investigating officer had never summoned the complainant and neither recorded any witness of the complainant. Counsel for the complainant pleaded that the investigating officer has not conducted enquiry/investigation properly as the said investigating officer has been biased in the instant case. The complainant states that the then Executive Magistrate Thesildar, Parimpora Srinagar/Investigating officer in the instant case never summoned the complainant or any of the witnesses. "The investigating officer has been biased in the instant case and in order to close the instant case he has recorded the statements of accused persons only whereas he was duty bound to record the statements of the complainant and her witness", reads an order. However there is a report that was submitted by the IO on behalf of investigating officer/Executive Magistrate that reads, "all the accused were summoned by the undersigned through notice vide no: 902/OQ/TCSS/18 dated 28.12.2018 and were directed to attend the office on 02.01.2019 along with all available documents regarding the instant case. However, the order also mentioned that after careful perusal of the report it is not coming to fore that the complainant has been summoned or the statement of any witness of the complainant has been recorded despite the list of witnesses provided in the complaint itself. The instant case is entrusted to Deputy Commissioner Srinagar for inquiry/investigation in terms of section 202 Cr.Pc and submission of report within a period of four weeks from the date of this order, said order copy that is in possession of Early Times.
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