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| Complaint filed against JMC Officials | | Court issues Summons, directs accused- JMC Officials to appear on April 17 | | EARLY TIMES REPORT
JAMMU, MAR 30: : The Court of Sub Judge Jammu M. R Chak has taken cognizance in a complaint filed against three Jammu Municipal Corporation Officials and has summoned them to appear on 17th April, 2010 and answer the charge under section 447/166 RPC.
It may be mentioned that Pawan Shastri Partner of Pawan Kumar Girdhari Lal had filed a criminal complaint through Advocates A. K Shawney and Aseem Shawney against Ravi Sharma, Satish Khajuria and Som Nath Tak, officials of the Jammu Municipal Corporation in the Court of Sub Judge Jammu.
Making submissions A. K Shawney Advocate the counsel for the complainant Pawan Shastri urged before the Court that the firm of the complainant deals with packing material and polythene etc and one of its counters is situated at Ware House Jammu.
On 28th August, 2009 information was received that the accused Ravi Sharma, Satish Khajuria and Som Nath Tak along with several other forcibly entered the premises of the complainant at Ware House and without even showing their identity started lifting the packing material from the premises on the pretext of the material being polythene. They acted as if they had come to loot and plunder the shop without any lawful authority, alleged Advocate Shawney in the complaint.
Despite the manager, making request to wait and at least let the owner come, the accused took away the entire material without following the mandate of the law & the Rules made there under.
The accused neither made any inventory or seizure memo or gave any receipt of the material or weighed the same. The entire process followed for lifting of the material was illegal and violative to the Rules laid down governing the field A. K Shawney, counsel for Pawan Shastri submitted.
The said criminal acts were committed by the accused in full public view with the motive to cause harm and injury to the complainant and material so robbed by these accused was worth Rs 25, 000 for which no receipt was given or memo prepared.
By the time the owner reached the spot on that day the accused & their posse fled away in 2-3 private vehicles with the material which they had looted from the premises of the complainant, alleged Shastri in his complaint.
Shawney counsel for the complainant informed that the government had framed the Rules under SRO 122 dated 11th May, 2009 in this regard wherein procedure was laid down for seizure, confiscation under Rules 3,4,5,6 and 10 and the High Court of J&K too wide its order 5th October, 2009 had directed the State and other respondents to strictly act in accordance with the Act and Rules made there under, but accused in the present case have knowingly disobeyed the law and Rules and caused injury to the complainant therefore the present complaint was filed, and after a preliminary inquiry under section 202 CrPC where about more than five witness had deposed.
Finally the Sub Judge Jammu M. R Chak after hearing the submissions advanced by the counsel for the complaint issued process against the accused under section 166 and 447 RPC and has directed them to appear on 17th April, 2010.
Worthwhile to mention that section 166 RPC deals with Public Servant disobeying law with intent to cause injury to any person is punishable with imprisonment up to one year or with the fine or both and 447 deals with punishment for Criminal Trespass and is punishable with imprisonment under law.
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