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| File challan in Panjbhakatar Mandir’s property case; HC directs IA | | | Early Times Report
Jammu, July 29- Justice Muzaffar Hussain Attar of J&K High Court Jammu Wing in a petition filed by Dr. Ram Chander Sharma and others today directed the Investigating Agency (IA) to file challan before the competent jurisdiction in a case FIR No 96 of 2008 regarding the property of Shivalaya Mandir Panjbakhtar Jammu.
In this much publicized case the petition was filed through Advocates Shivani Jalali and Neha Bakshi in which the High Court issued notice to the respondents which was accepted by Additional Advocate General PC Sharma. At the request of the counsel for the parties this petition was taken up for final disposal. In this petition, the petitioner sought the relief by directing the concerned police to file the challan in FIR NO 96/2008 immediately so that guilty is brought to justice by a regular trial. The Court directed the respondents to submit the complete report of the case without any delay.
Justice Muzaffar Hussain Attar after hearing both the sides observed that conducting of investigation in a criminal case with reasonable promptitude is not only the duty of the investigation agency but is requirement of Article 21 of Constitution of India. Statutory authority, which is charged with the duty of conducting investigation, has to conduct it without any delay as a same is in the interest of society as also the accused.
In view of the submissions made by the bar, this petition is disposed off with the observation that in case the Investigating Agency has collected evidence and the material which prima-facie shows the commission of offence, then report u/s 173 Cr PC be filed before the competent jurisdiction without any further delay. However, if investigation is not completed as on date, then Investigating Agency shall take steps to complete the same within reasonable dispatch. With these observations State High Court disposed off this petition along with all CMPs. JNF
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