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| No murder case against SHO: Court | | | EARLY TIMES REPORT
JAMMU, Oct 31: Justice Sunil Hali of J&K High Court Jammu Wing has dismissed the petition filed by Prem Lata Gandotra seeking direction to respondent State to register FIR u/s 302 RPC against Vijay Pal Singh the then SHO Police Station Pacca Danga in connection with the custodial death of her husband namely ML Gandotra.
Adv Navneet Dubey appearing for the petitioner submitted that the then SHO without any authority of law arrested the husband of petitioner and as a consequence of arrest, petitioner's husband died in police custody. Upon this the High Court in the month of August, 2005, directed the Chief Judicial Magistrate Jammu to hold an enquiry against the custodial death of ML Gandotra. The then CJM who conducted enquiry had recorded findings on two aspects, (a) cause of death and (b) lawful authority of the SHO to arrest the deceased. In respect of cause of death, CJM clearly stated that the deceased had died on account of heart attack. In respect of the arrest of the deceased, CJM has recorded the finding that SHO had no authority to arrest the deceased.
Justice Hali, after hearing both the sides and perusing the record, observed that the petitioner without taking recourse in filling application before the Magistrate u/s 190 of Cr PC has approached the High Court as the Magistrate has power to refer the matter to police station concern for registration of the case. This remedy has not been exhausted by the petitioner, in other words a writ of mandamus would lie on in case authority has refused to exercise its jurisdiction which was vested in him under statute and which he has not exercised. In the present petition no such plea has been taken by the petitioner seeking registration of FIR before the concerned police station. Court do not see any reason to issue any direction to the police concerned to register FIR against then SHO when admittedly remedy under the procedure is available to the petitioner. With these observations, Court dismissed the petition. However, petitioner is at liberty to approach the concerned forum including Magistrate u/s 190 Cr PC for seeking appropriate action against respondent SHO. JNF |
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