EARLY TIMES REPORT
Jammu, Jan 14: Chief Judicial Magistrate, Reasi, A S Langeh, dismissed an application seeking direction to investigating agency to add offences of forgery and fabrication of a building plan and arrange recording of statement of complainant under section 164-A of Cr. PC in a matter with regard to which an FIR stands registered and investigation initiated for offences involving sections 452, 427, 332 & 147 of RPC. While dismissing the application, court noted that, "the fact that first information report stands registered pertaining to occurrence is not disputed.
Besides, nothing on record forebodes subversion of due process needed to be followed in an investigation". In these circumstances, for complainant to seek direction in the name of police is essentially in the nature of goading or directing the course of investigation which is not only decried by law but also inexcusable - observed the court. "That judiciary cannot interfere with police in matter within their province and into which law imposes upon them the duty of enquiry, is a settled position of law reiterated by Apex Court time and again", was further observed by court.
These observations were made in a case pertaining to which an FIR for assault, house trespass, mischief and rioting was under investigation and complainant solicited issuance of direction to investigating agency for adding offences of forgery and fabrication of documents etc. and requiring investigating officer to record statement of witnesses under sections 164-A of Cr. PC.
Court also declined plea of invoking section 205 E of Cr. PC by - holding that merely because complainant has branded lies in hand as complaint - does not render it so in law and dismissed the same as an application simplicitor soliciting investigation to be conducted in a particular manner. -JNF |
