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| AMANDEEP MURDER CASE | | HC refuses to quash proclamation order of CJM against Nago brothers | | Early Times Report
Jammu, Nov 12: Giving credence to the Special Investigation Team probing the sensational Amandeep murder case, the state High Court today dismissed the petition filed by alleged key conspirators, the Chowdhary trio –Nagar, Ujjagar and Rakesh Singh –seeking quashment of proclamation orders of Chief Judicial Magistrate.
Justice JP Singh, after hearing senior Advocate Mohammad Aslam Goni with Advocate Ahtsham Bhat, appearing for Chowdhary brothers and senior Advocate Sunil Sethi with advocate Ravi appearing for the State, dismissed the petition with the observation that no case for entertaining this petition has been made out.
Satisfied with the material placed on record by the SIT that the petitioner had gone under ground and were hiding to avoid the execution of the process of law, a proclamation was issued by the CJM Jammu, declaring them proclaimed offenders, directing the petitioners to surrender before the Court or the Incharge SIT within 30 days of the date of publication of proclamation.
Choudhary brothers were summoned by the Investigating Agency in FIR No 247/2009 registered at P/S Gandhi Nagar Jammu initially U/Ss 307/323/34 RPC r/w section 3/25 Arms to which 302 RPC appears to have been added later in view of the death of Amandeep Singh. Petitioners, however, went underground evading their appearance before the Investigating Agency which had summoned them. CJM Jammu on being approached by the SIT issued warrants of arrests of against Choudhary brothers. The warrants of arrest too could not be executed despite strenuous efforts of the Investigating Agency and raids conducted by them at several places within and outside the state on the possible hideouts of the petitioners.
Choudhary brothers filed petition u/s 561-A Cr PC seeking quashment of order of CJM Jammu dated October 20, 2009 issuing proclamation u/s 87 of the Code of Criminal Procedure. Senior counsel appearing for the petitioners MA Goni submitted that there was material on record justifying issuance of proclamation, requiring petitioners’ appearance before the Court or before the Investigating Agency is found untenable as nothing has been placed on record to take a view different from the one which CJM Jammu has taken on the basis of material placed before him.
Justice JP Singh further observed that apart having till date evaded their appearance before the CJM or the Investigating Agency in connection with FIR 247/2009, the petitioners cannot be heard to question the proclamation issued by the CJM which does not even otherwise in any way effect any right of the petitioners, in that, all that proclamations directed is the petitioner appearance before the Investigating Agency or the Court in connection with the above said FIR which the petitioners under law cannot avoid. Pendency of petitioners another petition in the High Court seeking bail in the anticipation of their arrests in FIR 247/2009 would not give them any right to avoid the process of law. The petitioners approached High Court is, thus, not found to be bonafide. Powers u/s 561-A Cr PC may be exercised by the High Court to effect to any order under the code of criminal procedure, or to prevent abuse of process of any court, or otherwise to secure the ends of justice. The case projected by the petitioners in their petition does not make out the existence of any of the conditions aforementioned and dismissed the petition.
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