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Court directs SSP CB to re-investigate case
Illegal withdrawal of GP Fund
3/20/2013 12:01:34 AM
ET Plus Report
Jammu, Mar 19 : Additional Sessions Judge Anticorruption Jammu Jaffer Hussain Beigh has directed SSP Crime Branch (CB) to reinvestigate the case of alleged illegal withdrawal of Rs 20000 fom the GP Fund account of a lady constable by a senior police officer and denied to accept the closure report filed by the CB.
According to the case a complaint was lodged by one lady constable Sonam Angmo of JKAP with contention that an amount of Rs 20,000 was drawn illegally out of her GP Account. The enquiry conducted by Dy SP Ram Rattan Sharma revealed that Inspector Shafi Ahmed Hakim cashier and Rafiq Hussain Assistant cashier of IRP 2nd Battalion by impersonating the signatures of the complainant had withdrawn the amount.
As per finding of enquiry report, prima-facie offences u/s 409/420/419/467/468/471/120-B RPC and 5(2) JK PC Act were established against the two accused. To have full verification into the matter, DIG Jammu Range was requested to refer the matter to CB Jammu for holding preliminary verification and subsequent action. On request of IGP Armed, the Director General of Police sent this complaint to IG crime with direction to register the case against the delinquent officials. Accordingly FIR NO 10/2008 was registered in P/S CB Jammu. After completion of the investigation it was established that the complainant has lodged false complaint and has this prayed for action u/s 182 RPC against the complainant.
The Court after going through final report presented by the CB observed that there was nothing to suggest that the fair investigation has been held in the instant case.
"There is not a single statement recorded u/s 161 CrPC which bear testimony to assertion of the police authorities that the complainant lodged a false report but the investigation has been done just to benefit the accused so as to see to it that there are not put to trial," the court said.
"If in such heinous offences we are so negligent, remiss and callous, then the rule of jungle will prevail. The police authorities have thus done violence to the language of section/420/419/467/468/471/120-B RPC and 5(2) Pc Act that are the offences for commission of which a case was registered against above accused persons and hold that I do not find any reason to concur with the conclusion arrived at by the police authorities and this is a fit case where reinvestigation should be ordered by SSP CB," the court ordered. (JNF)
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