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| HC directs SSP not to act upon trial court order till judgment passed | | | Early Times Report
JAMMU, Oct 30: In a petition filed by IPS officer seeking quashment of the order of Chief Judicial Magistrate Jammu regarding registration of FIR in rape case against Sandeep Gupta SDPO Domana an IPS Officer, Rafiq Ahmed Jaral Tehsildar Jammu North & other, Justice Sanjay Kumar Gupta of J&K High Court after hearing Sr. Adv Sunil Sethi with Adv Vishal Sharma appearing for the SDPO Domana whereas Sr. Adv KS Johal with Adv Karman Singh Johal for the complainant, reserved the petition for judgment and ordered that SSP Jammu shall not act upon the order passed by the CJM Jammu till the judgment passed.
According to the case on 4 August 2018, the anti encroachment drive for retrieval of the State land from illegal encroachers was started under the jurisdiction of Police Post Chinore.
As soon as the revenue officials started proceeding towards the land encroached by the respondent no.3, she started arguing with the revenue officials who advised the petitioner to allow them to perform their official duty but the respondent no.3 did not budge an inch and even chased and attacked officials of the revenue department and also picked up stones threatening the Police and Revenue officials and JCB driver of bodily harm in case the they proceeded with the anti encroachment drive.
During the course of hearing Sr. Adv Sunil Sethi submitted that CJM Jammu has also failed to appreciate that it would be setting a very dangerous precedent in case FIR for accusation of rape on such vague complaints are directed to be registered mechanically against Senior Police Officials for performing their official duties as it will encourage the violators of law to use the false accusation of rape to deter them from taking any action against the violators of law leading to lawlessness in the society. |
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