news details |
|
|
| Court refuses to drop FIR against Ex-MLA | | | EARLY TIMES REPORT
JAMMU, Oct 21: In the charging up poll season when ‘aspiring legislator’ are keen about their clean image before public, a former MLA of the Panthers Party and potential hopeful from Udhampur Constituency, Balwant Singh Mankotia has earned disappointment as High Court has refused to quash a Police FIR against him.
Mankotia is facing charges of forcibly entering the house of a woman in 2005 along with more than 200 persons causing damage to her property. Justice Sunil Hali of Jammu and Kashmir High Court observed that none of the condition exists in the present case which would enable this court to intervene and cause obstruction in the track of investigation.
Lajwanti Manhas Wife of VN Manhas resident of Krishna Nagar Miran Sahib on May 12, 2005 lodged a complaint against Balwant Singh Mankotia then MLA J&K National Panther Party alleging therein that the accused accompanied by 250 people attacked the house and forcibly entered into the house of the complaint causing damage to the property. On registering of FIR the investigation was taken up by the police. The police had registered FIR against the son of the complainant u/s 302 RPC for having killed his wife. The said deceased happened to be close relative of then MLA Balwant Singh Mankotia. The contention of the petitioner was that the present FIR was launched only to help the accused in the FIR and harass the petitioners.
Justice Sunil Hali after hearing Adv HC Jalmeria, appearing for the petitioner, and Adv AP Singh appearing for the respondents, and perusing the record of the case, observed that FIR lodged against the son of the complainant u/s 302 RPC in Police Station R S Pura is not in dispute. The allegation leveled against the accused in that FIR is that he has killed his wife who was admittedly related to then MLA Balwant Singh Mankotia.
The question, however, as to whether this court can quash FIR registered against the petitioner and Balwant Singh Mankotia in exercise of power u/s 561-A Cr PC, which is purely on the ground that the said FIR has been launched only to ensure that the relation of the deceased do not depose against the accused in the murder case. FIR stands already lodged for which investigation has to be concluded by the investigating agency. Merely because FIR u/s 302 RPC stands registered against the complainant party would not be a ground to stifle the investigation in the present case.
IO has to examine the matter during the course of investigation as to whether allegations leveled in the FIR are true and correct. The petitioner has not placed any thing on record to suggest that no offence has been made out from the facts as revealed from FIR. The only contention raised is that the present FIR has been filed only to pressurize the petitioners from going ahead in the investigation, the Court observed. Court finds no force in this petition and dismisses the same and also disposes off the connected petition along with CMP. JNF |
|
|
|
|
|
|
|
|
|
|
|
|
| |
| |
|
|
|
|
 |
|
|
