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| Under garb of monitoring, Court can't direct course of investigation: CJM | | | Early Times Report
JAMMU, Aug 28: CJM Reasi Amarjeet Singh Langeh while deciding an application filed by Gopal Singh for directing the police to incorporate Section 307 read with Section 34 of RPC and 4/25 of Arms Act in FIRNo. 18/2019 in terms of sub-section (3) Section 156 of the code of criminal procedure, observed that it may be true that a Magisterial Court may monitor investigation in appropriate cases but that, however, does not mean that court, under the garb of monitoring shall direct course of investigation to be adopted by investigating agency. To draw an analogy therefore, between monitoring of investigation and directing, goading course thereof - is fallacious to say the least.
Court further observed that shift of focus to the facts of the case at hand would show that FIR with regard to occurrence at the work place of son of applicant stands registered. According to investigation carried out thus far, son of applicant while working as helper in M/s AFCON Company received current from diesel generator and resultantly was injured; that company in question failed to maintain said diesel generator properly as a result of which human life was therefore endangered and FIR No. 18/2019 for offences under sections 287, 336 & 337 of RPC was registered and be that as it may, applicant and his injured son are not only free to record their statements before investigating officer but can also provide necessary lead to the investigating officer to be evaluated by investigating officer consistent with legal norms on the subject. On facts therefore, no direction can be given to Investigating Officer for incorporation of offence of attempt to murder in the FIR concerned more particularly when investigation is still under way and thus inconclusive. With these observations Court dismissed the application.
According to applicant an FIR No. 18/2019 for offences under section 287, 336 & 337 of RPC stands registered with Police Station Arnas; that while applicant lodged complaint for commission of offences under sections 307 read with section 34 of RPC and 4/25 of Arms Act, Police Station Arnas did not register FIR for these offences; that son of applicant works with M/s AFCON Company as Electrical Helper and on 29.03.2019 at 11:30 AM while he was under job, non-applicants in furtherance of common intention assaulted him with sharp edged weapon with intention to kill him; that by registering FIR for offences under sections 287, 336 & 337 of RPC and by not incorporating offences under sections 307 read with section 34 of RPC and section 4/25 of Arms Act in FIR supra, police station concerned has tried to create a different story which is totally false and frivolous. It is in this backdrop that instant application seeks direction in the name of SHO Police Station Arnas for incorporating offences under sections 307, 34 of RPC & Section 4/25 of Arms Act in FIR No. 18/2019 of Police Station Arnas. --(JNF) |
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