Early Times Report
JAMMU, Nov 3: In a petition filed by an IPS Officer presently posted as SDPO Domana seeking quashing of the order passed by CJM Jammu whereby CJM Jammu directed SSP Jammu to register FIR in rape case against SDPO Domana, Tehsildar North Jammu & Other, Justice Sanjeev Kumar Gupta, quashed the order of CJM Jammu and remand back the matter to the court below with a direction to decide the application filed under Section 156 (3) of Cr.PC afresh.
Justice Gupta while allowing the petition filed by IPS officer observed that If the order passed by the Trial Magistrate is considered in the light of the judgment passed by the Supreme Court in the case of Priyanka Srivastava (supra), then it is clear that while passing the order under Section 156 (3) of Cr.P.C the Judicial Magistrate First Class did not apply its mind to the allegations made in the complaint.
"He has passed order in casual manner; he was required to go through the allegations leveled in the complaint and law governing on the subject. If such orders are being passed against public servants, as in the present case, in casual manner, then definitely the order of court would not be implemented by executive agency due to apprehension of public servant of their involvement in such like cases. Petitioner being public servant has taken steps to discharge his duty along with other authorities on the direction of this court to recover possession of State land," said the judge. |
