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| HC for action against Pattan Magistrate for adopting 'novel procedure unknown to law' | | | Early Times Report
Srinagar, Oct 13: The State High Court has opined initiate administrative action against Special Mobile Magistrate (Electricity), Unit-III Pattan, for having adopted a novel procedure which is unknown to the provisions of law. The bench of Justice M K Hanjura was hearing a petition against the Magistrate's order of 30th of December 2013, ordering a fresh FIR. They assailed the FIR on the grounds inter-alia that one Azad Ahmad Lone had not died under mysterious circumstances. He had committed suicide on 23.06.2011, in broad day light, in the absence of the petitioners.
When the petitioners came to know about this incident, they informed the authorities of Police Station Sopore and as a consequence of which an FIR bearing No. 171/2011, for the commission of an offence under Section 309 RPC was registered in the matter. The court, the petitioners said, without calling any report from the police authorities directed the SHO P/s Sopore to register an FIR immediately and submit the report to the court on 09.07.2011 itself. The Special Mobile Magistrate (Electricity) Pattan requested the Court of CJM Sopore to inform him as to whether or not any challan or closure report "Ikhtitami" has been filed in the Court. To this, the Court of CJM Sopore informed him that no Challan or closure report "Ikhtitami" has been presented before him.
"The law is that there is no provision in the Cr. PC which empowers a Magistrate to disturb the status of an accused pending investigation or when the report is filed to wipe out the report and its effect in law," the court said.
The question that arises for consideration is whether re-investigation could have been directed by the Court during the course of the investigation of the earlier FIR when the final report was yet to be laid before the Court, the court said. "The Special Mobile Magistrate (Electricity) Pattan, who adopted a novel procedure which is unknown to the provisions of law. He recorded the statements of the witnesses in camera and opined that the offences under Section 302 read with 120 RPC and also contempt of court are established against the SDPO , the Doctor, the ASI and the SHO Concerned, who have fabricated the evidence and passed it as genuine before the Chief Judicial Magistrate Sopore," Justice Hanjura said, adding, "I think that there is a necessity to exercise jurisdiction under Section 561-A Cr. PC. Hence, the order dated 30.12.2013, passed by the Special Mobile Magistrate, Sub Judge, Pattan, is set aside."
The police authorities shall conduct the investigation in case bearing FIR No. 171/2011, registered at police station. Sopore, for the commission of an offence under Section 309 in accordance with the law and lay a report before the Court of the competent jurisdiction who shall pass appropriate orders in it in accordance with the law without getting swayed by any observation made hereinbefore by this Court, Justice Hanjura added.
"Registrar Judicial shall place a copy each of this order before the Chief Justice and the Portfolio Judge, looking into the affairs of District Baramulla, who may desire to initiate administrative action against the learned Special Mobile Magistrate (Electricity), Unit-III, Pattan, for having travelled into an area which was neither within his domain nor in his power. 37. The record be sent down along with copy of this order." |
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