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Summons against SHO, SI for defying court's order
10/31/2013 11:44:05 PM
Early Times Report

Jammu, Oct 31: Chief Judicial Magistrate, Kathua today issued summons against SHO Kathua and Incharge Women Cell Kathua for defying court orders and destroying the evidence of harassment to the complainant. The suo moto decision was taken by the court following the non admittance of the Inquiry Report by SSP Kathua.
As per reports, SHO Kathua and Incharge Women Cell Kathua harassed the complainant namely Shakti Khajuria and his relatives.
They were allegedly put behind bars illegally. Further court's bail order was also defied. There was matrimonial dispute between Shakti Khajuria and Eshata Sharma and based on the complaint by Eshata, her husband and relatives were summoned to Women Cell. However, they appeared before Incharge Women Cell with the bail order issued by Principal Sessions Judge. It is also alleged that the Incharge Women Cell did not bother about court direction and put Khajuria and his relatives behind bars. Besides, they were subjected to harassment. Khajuria recorded the illegal conduct of cop in his mobile but the same was deleted by the Incharge Women Cell who allegedly used foul language.
As per complainants namely Atikansh Proch and Ripu Ranjay Proch, "We were lifted by SHO Kathua from home and put behind bars for hours together without any fault". The misconduct by the cops instigated complainants to lodge complaint against them in the court of law and accordingly court directed SSP Kathua for inquiry under section 202 CrPC.
But the SSP's inquiry report did not satisfy the court. The court in its decision observed, " There are specific allegations against the accused regarding assault ,illegal detention and disobeying the lawful order of a public servant by accused persons with intent to cause injury to the complainants. There are also allegations against the accused that they have caused disappearance of evidence. Hence prima facie offences u/s 323,342,504,201,166/34 RPC are made out against the accused persons for the purpose of issuance of the process in this case. Accordingly, the concerned clerk is directed to issue summons at the first instance for procuring the appearance of the accused persons. Let the case be listed on November 4, 2013 for service of accused persons".
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