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| CJM directs SSP Crime Branch to apprise court about steps taken in case of false information | | | Early Times Report
JAMMU, May 4: Chief Judicial Magistrate, Jammu Amarjeet Singh Langeh has directed SSP Crime Branch Jammu to apprise the court by next date of hearing as to what steps it has taken in order to proceed against complainant under sections 182 and 211 of RPC for giving false information and making false charge of offence with intent to injure.
This order was passed by the court in final report arising out of FIR 3/2015 registered with Police Station Crime Branch, Jammu for offences under sections 420, 465, 466,467,468,471 and 120-B of the Penal Code and 5(2) of the Prevention of Corruption Act in case titled "State through Crime Branch, Jammu Vs. Karam Dad Khan & Ors" in which after investigation, Crime Branch filed final report on 29-3-2019 before the court of Additional Sessions Judge (Anti Corruption) Jammu describing therein that it did not find sufficient evidence or reasonable ground of suspicion to file charge-sheet against accused and case was accordingly closed (as not admitted).
The investigating officer concluded that during investigation it was established that complainant in the case namely Yograj Singh R/O Kalu Chak, Jammu is very astute, hypocritical and uses different modus operandi to dupe innocent persons on the pretext of deadly disease "cancer" and sells out his land at low price and after receiving handsome amount, he immediately cancels power of attorney without genuine reasons. Investigating agency prayed that case be closed as "not admitted" and complainant be proceeded against under sections 182/211 of RPC.
Court of Additional Sessions Judge (Anti Corruption) Jammu not only agreed with the conclusions reached by investigating officer on the basis of material collected during investigation but the protest petition was also dismissed by the anti-corruption court. Anti Corruption Court, however observed that because offences under sections 182 and 211 of Penal Code are cognizable by Judicial Magistrate of First Class and triable by him, therefore the final report was transferred to this court to deal with plea of Crime Branch regarding initiation of proceedings against complainant.
The court observed, "While it still remains to be seen as to whether investigating officer was required to seek leave of court supra to initiate proceedings under sections 182 and 211 of penal code against complainant once the court concurred with the conclusion of the investigating officer and also dismissed the protest petition of the complainant, yet it needs to be placed on record as to what steps Crime Branch has taken in order to proceed against complainant under sections 182 and 211 of RPC in face of order of court of Additional Sessions Judge (Anti-Corruption) Jammu" adding "Once the final report seeking closure of case as "not admitted" is accepted by competent court, then what prevents investigating agency from proceeding ahead against complainant for aforesaid offences, if it so wishes." With these observations court posted the case for 19-5-2022 and directed that copy of order shall go to SSP Crime Branch Jammu for compliance. |
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