Court passes strictures against IO, directs for further investigation

Excelsior Correspondent
POONCH, July 23: Principal Sessions Judge Poonch, Tahir Khurshid Raina today   passed strictures against Investigating Officer Rakesh Akrum for allegedly shielding the accused persons in a case of forging cheque of Rs 50 lakh.
Observing that because of such investigators, the challans fail in the court, the Judge also directed the prosecution for more investigation in the case and directed SSP Poonch to handover further investigation to a responsible officer.
However, the court left it to the wisdom of the DGP State how he deals with misconduct of the said IO.
The main accused Shokat Hussain of Mendhar Poonch had allegedly forged the cheque of  AB Hotels Ltd, Connaught  Place, New Delhi and then got it deposited  in  J&K Bank branch at Poonch where the Branch Officer  Ashwani Kumar passed the same without showing due diligence. The money was transferred from J&K Bank Branch Connaught Place New Delhi in the account of Shokat Hussain
As  per final  report  submitted  in the  court,  accused Shokat Hussain came to the said branch of  JK Bank and got the cheque and pay in slip  filled by one  Azim Qureshi  who was  known to him.  After the money was transferred,   the branch incharge Ashwani Kumar smelt some wrong and contacted branch officer Connaught Place New Delhi who told him that original cheque was lying with them. On this information,   account of the accused was seized by the bank and money got transferred back to branch office Connaught Place New Delhi.  Thereafter  case was  registered  under  FIR  No  9 of 2013  for commission of  offences under Sections 420, 466,467 471 RPC.  Specimen signatures Shokat Hussain, Azim Qureshi and Ashwani Kumar   were sent to FSL for expert opinion.  FSL  confirmed the hand writing  of Ashwani  Kumar  and  Azim Qureshi  on the questioned  documents  but didn’t  give opinion  about main accused Shokat  Hussain’s signatures  on account of the  fact  that inadequate  material  had been  sent for comparison .  Despite an observation that the matter should be re referred with fresh specimen signatures of the accused, the said IO didn’t do the same and culminated investigation as such.   He also let off Azim Qureshi in his investigation and even didn’t take his statement under 161- A.   Even the conduct of branch in- charge and  conspiracy  angle of these two suspects   besides mystery how the cheque got forged, were  not properly  investigated  by  IO.  So  all  these important  issues,   which would have been addressed  by the said IO,  remained  as such and  a  challan with weak  foundation  was filed in the court.
Court observed that it is because of such investigators that the challans fail in the court and required deterrent message does not go to the society.   The Principal Session Judge observed  that court  cannot  play  in  the  hands  of prosecution  and treat their every  investigation  as gospel truth when  lot of loopholes  have been  left unaddressed.  “Court has to apply it’s mind and then only  to  proceed  further,” the Judge observed  and added that  such investigators must remember  that  despite a symbolic  band on the eyes of goddess  of  justice, judge is not blind.
“Court has not to act as Post Office as said by Supreme Court but has to analyze at the charge stage what prosecution has brought before it,” the judge further said.

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