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| Srinagar sex scam | | HC declines to interfere in the order passed by CJM, dismisses petition | | Early Times Report
Jammu, Aug 19—Justice J P Singh of Jammu and Kashmir High Court, while dismissing the petition filed by Thakur Ashwani Singh, the then President of Jammu & Kashmir Goods Transport Companies Association, seeking setting-aside the order of Chief Judicial Magistrate passed on November 30, 2005, declined to interfere in the order passed by the CJM.
Dismissing the petition, seeking initiation of process against police officials namely Farooq Ahmed Zargar Dy SP, Tahir Jalani Dy SP, Rasiq Mir Inspector, Ali Mohammed alias Alia Head Constable, BA Khan SP North Srinagar and SP Pani SP South Srinagar for defaming the petitioner in showing his complicity in sex racket pursuant to his and one Ghulam Qadir Bhat’s arrest on October 14, 2004, Justice Singh observed that in view of the matter no prima-facie offence u/s 500 RPC can be said to have been committed by the respondents in view of their having found the petitioner’s complicity in the sex racket as revealed in the final police report filed with the competent magistrate for the petitioners trial. There is no merit in this petition warranting interference in the order passed by the CJM Jammu, the HC ruled.
In the approved for reporting judgment, Justice Singh observed that the material produced by the petitioner himself before the CJM Jammu, which include the final police report arising out of FIR NO 80/2004 registered at P/S Maharaj Gunj, Srinagar, indicated his complicity in the much publicized sex racket. The investigation carried out by the respondents, clearly attracts applicability of the 8th exception to section 499 RPC to the petitioner’s complaint. The material on the records indicating the petitioner’s involvement in the sex-racket was as such sufficient enough for the dismissal of petitioner’s complaints. In view of the matter, no prima-facie offence u/s 500 RPC can be said to have been committed by the respondents. In view of their having found the petitioner’s complicity in the sex-racket, as revealed in the Final Police Report filed with the competent Magistrate for the Trial of petitioner, the petition is dismissed, Justice Singh ordered. JNF
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