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HC directs SP Doda to produce prosecutrix
9/11/2008 11:04:52 PM
Early Times Reporter
Jammu | Sep 11

Justice JP Singh of J&K High Court Jammu wing, today in a criminal petition filed by the brother of prosecutrix, has directed SP Doda to produce the prosecutrix in the court on the next date of hearing.
This direction has been passed in the petition in which the petitioner raised serious allegations against the SHO P/S Doda and Investigating Officer of the case and apprehended danger to sister's life of the complainant..
Justice JP Singh, after hearing Adv Sunil Sethi appearing for the petitioner, observed that in view of the seriousness of allegations leveled by the petitioner which are supported by his affidavit and with a view to ensure that prosecutrix makes her statement in a congenial atmosphere, court is of the view that it would be just and proper to direct Superintendent of Police Doda to produce prosecutrix of Tehsil Bhaderwah District Doda in this Court on next date of hearing. The respondent shall, in the meanwhile, defer production of prosecutrix for her statement u/s 164 Cr PC. Court also issued notice to the respondents to file objections by the next date of hearing.
The petitioner sought transfer of investigation in FIR 115/2008 u/s 366 RPC registered by the P/S Doda to any other police station in District Jammu in view of peculiar facts and circumstances of case and for further direction to SHO P/S Doda Farooq and Nazir Ahmed ASI P/S Doda Investigating Officer of the case not to continue with the investigation of the said case. The petitioner further parayed for quashing the order passed by CJM Doda on September 9, 2008 whereby CJM fixed the date for recording of the statement of prosecutrix on September 12, 2008.
In the petition it has been submitted that prosecutrix who was doing B .Ed in Education College at Bhori Jammu was forcibly kidnapped by Fahim Raja along with associates during the intervening night of August 22-23 and taken her to Lalpora Budgam wherefrom she was recovered on September 4, 2008 was lodged in Nari Niketan Doda. It was alleged that the recovery of the prosecutrix was made by the police on the intervention of superior police officers. It was further alleged that SHO Doda and IO are harassing the family of the petitioner. JNF
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