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| Sessions Court upholds registration of FIR | | | Jammu, June 14 (JNF): Principal Sessions Judge Jammu Jang Bhadur Singh Jamwal today dismissed the revision preferred by Sumeet Sharma & ors challenging the order dated June 9, 2012 passed by Special Municipal Mobile Magistrate Jammu whereby Trial Magistrate in exercise of his power u/s 156(3) had directed DIG Police Jammu-Kathua Range to register an FIR against two Inspectors and two Sub-Inspectors allegedly involved in custodial torture.
While dismissing the revision petition the Principal Sessions Judge Jammu Mr. Jang Bhadur Singh Jamwal observed that the overall appraisal of the order drawn by the Magistrate is well founded. He should not have directed the DIG to get the case registered. The SHO other than the concerned police station should have been directed to register the case or the other SHO should have been directed to register the case and commence with the investigation. The Magistrate while passing such an order should not have direct DIG to get the case registered. The outcome of the investigation has yet to take place but the trial court has given its expression which could be avoided. The order overall drawn by the trial court is correct and does not require any interference. However, the same is modified to the extent that the case shall be registered in police station Pacca Danga but SSP shall handed over the investigation to other SHO of the Police Station or investigate himself within the ambit of section 551 of Cr.P.C which says "Police Station". - "Police Station" means any post or place declared, generally or specially, by (the Government) to be a Police-Station, and includes any local area specified by [the Government] in this behalf. The investigation now shall be supervised by the C.J.M and police shall submit intermittent status report to the C.J.M till finally it is culminated.
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