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news details
HC directs GoI, DGP, IGP, others to respond within three weeks
Petition for lodging FIR u/s 302 RPC
8/20/2018 11:49:22 PM
Early Times Report

Jammu, Aug 20: Justice Sanjay Kumar Gupta of J&K High Court (Jammu Wing) has issued notices to the Secretary Ministry of Home Affairs, Government of India, Principal Secretary (Home) J&K Government, Director General of Police J&K, Inspector General of Police Jammu Zone, Senior Superintendent of Police, Jammu and Station House Officer, Police Station Trikuta Nagar, Jammu returnable within three weeks with a direction to the said respondents to file their response by or before the next date of hearing.
The notices have been issued in a writ petition filed by Imzad Hussain Shah S/o Sabar Shah R/o Village Kangra, Galhutta, Tehsil Mendhar District Poonch, at present Chinore, Jammu seeking directions to the Principal Secretary (Home) and DGP (J&K) to constitute a Special Investigation Team (SIT) to be headed by an Officer of the rank of Inspector General of Police for investigating the murder of the petitioner's son Murfad Hussain Shah.
The petitioner has also sought registration of FIR under section 302, 109, 120-B RPC and 3/25 Arms Act against the CRPF Personnel who allegedly killed the petitioner's son without any provocation at the residence of Former Chief Minister Dr. Farooq Abdullah at Bathindi, Jammu. The petitioner has also sought a direction to the Union of India and the State Government to pay compensation amounting to Rs.1.00 Crore as his young son was killed in a brutal manner.
Advocates appearing for the petitioner submitted that grave injustice has been caused to the petitioner as his young son was brutally tortured and later killed. Senior Advocate Sunil Sethi further submitted that the Police accepted the complaint of the CRPF and on that basis FIR No.209 of 2018 dated August 4, 2018 was registered, however the Police refused to lodge the FIR on the complaint of the petitioner.
He further submitted that all out attempt is being made to deny the registration of FIR when there is sufficient evidence of establishing the brutal murder of Murfad Hussain Shah and for no valid reasons the Police is not registering FIR against the CRPF Personnel when law permits the registration of the second FIR citing different version.
After considering the submissions of Senior Advocate Sunil Sethi, Justice Sanjay Kumar Gupta issued notices and granted three week's time to file response to the writ petition.
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