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| HC quashes criminal proceedings against SHO | | | Early Times Reporter
Jammu | Mar 7
Justice JP Singh of J&K High Court, Jammu wing, in a writ petition filed by Wazir Mohammed Mir, the then SHO P/S Banihal, quashed proceedings pending before the court of Judicial Magistrate Banihal, initiated on the complaint filed by Muzaffar Hussain, who was allegedly wanted by the Rajouri police u/s 302/307/120-B/121/122 RPC.
Petitioner, the then SHO Banihal, on becoming suspicious about the possession of Maruti Car of the respondent Muzaffar Hussain, which was being driven by him and registered on the name of Ganesh Sharma, seized it u/s 550 Cr PC on June 27, 2005. The vehicle was released in favour of respondent on September 9, 2005 by the Judicial Magistrate Banihal after about seven months without the tape recorder.
Justice Singh, after hearing Adv SS Ahmed appearing for the petitioner and perusing the respondent's complaint and statement made by him before the Magistrate and the documents placed on record, observed that on perusal of the record, preliminary statement of the respondent and his complaint does not indicate much less prima-facie, prove that the petitioner (SHO) had either been entrusted with any property or had any dominion over any property, in his capacity as public servant, which had been allegedly dishonestly misappropriated or converted it to his own use, in violation of any direction of law prescribing the mode in which he was required to discharge his duties.
Justice Singh further observed that Magistrate has erred in finding the petitioner to have been prima-facie found involved for the commission of offence u/s 409/506 RPC. The Magistrate, it appears, has summoned the petitioner in routine fashion. He does not reflect in his order, as to the contents of the complaint, the evidence adduced by the complainant in support, much less spelling out the reasons which according to him would, prima-facie, prove that the petitioner had committed offences punishable u/s 506/409 RPC. The Magistrate's order cannot, thus, be justified. The Magistrate's order, cognizance of the respondent's complaint and issuing process against the petitioner has thus resulted in abuse of the process of the court. With these observations court allowed the petition with the observation that the proceedings pending before Judicial Magistrate Banihal, on the complaint of respondents, against the petitioner are quashed. JNF |
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