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| HC restrained challan in Raju Chopra case | | | Early Times Reporter
Jammu | Feb 15
Asking the investigating agencies to continue with their probing, the Jammu and Kashmir High Court today restrained the state agency from presenting challan in the sensational murder case of cement tycoon Rajinder Bhushan Chopra alias Raju Chopra.
Objections on behalf of State of J&K and DGP have already been filed, the counsels for the petitioners stated that they received the copy of the same. However, Adv KN Bhat appearing for the CBI stated that he can file the objections only after going through the objections filed by the State for the reasons that a specific stand has been taken by the petitioner that the State agency had requested the Central Bureau of Investigation (CBI) to investigate the matter, but this investigating agency has not responded to it. He further stated that for this reason he was waiting all through for the objections to be filed by the State. Adv Bhat very fairly stated that since of copy of objections has been handed over to him today and he seeks four weeks time.
Upon this Justice Virender Singh observed that keeping in view the peculiar facts of this case in which five persons have lost their lives and the state agency has already consumed a considerable period in responding to the petition, it would be most appropriate if Adv KN Bhat makes an effort to file objections within two weeks only. Mr. Bhat assured this court that he will take all necessary steps in this regard and convey the instructions to the quarter concerned. At this stage the counsel for the petitioner stated that during investigation the state agency has arrested one person from Madhya Pradesh projecting the present case to be of dacoity and murder. He further stated that there is possibility that state agency might present the challan in near future closing the case as it is and therefore, some direction may be issued to the state agency in this regard.
Justice Virender Singh after hearing both the sides further observed that no doubt, the investigation cannot be throttle at its threshold and should be brought to its logical, but in order to allay fears from the mind of the petitioner, it is directed that State Agency may investigate the case but the Final Report (challan) before the concerned Court shall not be filed till further orders. At this juncture the counsel for the petitioner makes another request that State agency be directed to file an affidavit responding to the specific plea taken by the petitioner in the present petition with regard to a request from the State Agency for handing over this case to CBI, as in the objections State respondents and DGP have not specifically responded to it. He further stated that the petitioner has all apprehensions that the state agency might take a different stand at any subsequent stage. Upon this Court said that in view of the plea of the counsel for the petitioner it is directed that in this regard a supplementary objection/affidavit of the concerned official be filed on or before the next date. Court also directed Additional Advocate General Mr. BS Salathia to produce the record of the investigation on the next date of hearing.
This significant order has been passed in a petition filed by the son of RB Chopra in which the petitioner seeking direction to the State Govt to refer the case to the CBI to investigate the murder case has registered under FIR NO 107/2006 also seeking direction to CBI to investigate the case by putting with best investigators on the job. |
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